HomeMy WebLinkAboutCC 1994-10-27 Minutes0 m MISS1
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OF DEFYING HELD ON OCTOBER 27, 1994
REGULAR AND PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
M MATTY HIRAI
City Clerk
Ll
INDEX
MINUTES OF REGULAR AND
PLANNING AND ZONING
MEETING
October 27,1994
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS & R 94-721
SPECIAL ITEMS. 10/27/94
2. CONSENT AGENDA. DISCUSSION
10/27/94
2.1 ALLOCATE $18,000 FROM CIVIL R 94-721
SERVICE OFFICE FY'94-95 BUDGETED 10/27/94
FUNDS -- FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL
FOR THE CIVIL SERVICE BOARD.
2.2 ALLOCATE $18,000 FROM NUISANCE R 94-722
ABATEMENT BOARD FY'94-95 BUDGETED 10/27/94
FUNDS -- FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL
FOR THE NUISANCE ABATEMENT BOARD.
2.3 AUTHORIZE PAYMENT OF $9,658.66 TO R 94-723
WEISS SEROTA AND HELFMAN -- FOR 10/27/94
LEGAL SERVICES RENDERED IN
CONNECTION WITH PROPOSED
AGREEMENT BETWEEN THE CITY AND
SANITATION EMPLOYEES' ASSOCIATION
(SEA) REGARDING GARBAGE AND TRASH
COLLECTION SERVICES -- ALLOCATE
FUNDS.
2.4 AUTHORIZE FUNDING IN SUPPORT OF R 94-724
AGAPE'S WOMEN'S HOME OF THE SOUTH 10/27/94
FLORIDA JAIL MINISTRIES --
ALLOCATE $17,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
1-2
2-12
12
12
13
13
2.5
AUTHORIZE FUNDING OF THE BOYS AND
R 94-725
GIRLS CLUB OF MIAMI'S POP WARNER
10/27/94
FOOTBALL PROGRAM -- ALLOCATE
$5,000 FROM LAW ENFORCEMENT TRUST
FUND (LETF).
2.6
ACCEPT BID: REXTONE, INC. -- FOR
R 94-726
FURNISHING PAINT / PAINT SUPPLIES
10/27/94
FOR COMMUNITY DEVELOPMENT
DEPARTMENT ON CONTRACT BASIS --
ALLOCATE $45,000 ANNUALLY --
EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
2.7
ACCEPT BID: SOVEREIGN
R 94-727
CONSTRUCTION -- FOR FURNISHING /
10/27/94
INSTALLATION OF A COUNTER AT
DINNER KEY MARINA, FOR DEPARTMENT
OF CONFERENCES, CONVENTIONS &
PUBLIC FACILITIES -- ALLOCATE
$7,600.
2.8
ACCEPT BID: MR. CLEAN RELIABLE
R 94-728
SERVICE, INC. -- FOR FURNISHING
10/27/94
CUSTODIAL MAINTENANCE SERVICES AT
THE DON HICKMAN ADMINISTRATION
BUILDING, ON CONTRACT BASIS --
ALLOCATE $41,220 ANNUALLY --
EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
2.9
ACCEPT BID: DIAMOND NEON
R 94-729
SUPPLY -- FOR PURCHASE OF A
10/27/94
COMPUTERIZED AUTOMATED ROUTING
AND ENGRAVING SYSTEM, FOR
DEPARTMENT OF GSA & SOLID WASTE,
PROPERTY MAINTENANCE DIVISION --
ALLOCATE $21,059.64.
2.10 ACCEPT BID: ETCETERA SERVICES --
R 94-730
FOR FURNISHING CUSTODIAL
10/27/94
MAINTENANCE SERVICES AT FIVE CITY
FACILITIES, FOR DEPARTMENT OF GSA
& SOLID WASTE / PROPERTY
MAINTENANCE DIVISION, ON A
CONTRACT BASIS -- ALLOCATE
$96,000 ANNUALLY -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY
OF FUNDS.
2.11 ACCEPT BID: I.D.A.S. -- FOR
R 94-731
FURNISHING A COLOR PLOTTER, FOR
10/27/94
DEPARTMENT OF PLANNING, BUILDING,
AND ZONING -- ALLOCATE $8,785.
14
14
15
15
16
16
17
2.12 ACCEPT BID: HOMESTEAD CONCRETE, R 94-732 17
INC. -- FOR S.E. 25TH ROAD PAVING 10/27/94
PROJECT B-4560 -- ALLOCATE
$69,146 (CIP 341175), PLUS
$16,122 TO COVER ESTIMATED
EXPENSES -- EXECUTE CONTRACT.
2.13 ACCEPT BID: MIRI CONSTRUCTION, R 94-733 18
INC. -- FOR EDISON STORM SEWER 10/27/94
REBUILDING (IMPACT FEE PROJECT),
B-5614 -- ALLOCATE $47,652 (CIP
352290), PLUS $6,648 TO COVER
ESTIMATED EXPENSES -- EXECUTE
CONTRACT.
2.14 AUTHORIZE CONSTRUCTION OF A R 94-734 18
BASKETBALL COURT IN VIRRICK PARK, 10/27/94
FOR DEPARTMENT OF PARKS &
RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95) --
BY AGILE COURTS CONSTRUCTION
COMPANY -- ALLOCATE $26,887 (CIP
331316).
2.15 AUTHORIZE RESURFACING OF A R 94-735 19
BASKETBALL COURT IN EATON PARK, 10/27/94
FOR DEPARTMENT OF PARKS &
RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95) --
BY AGILE COURTS CONSTRUCTION
COMPANY -- ALLOCATE $11,694 (CIP
331361).
2.16 AUTHORIZE RESURFACING OF FIVE R 94-736 19
TENNIS AND BASKETBALL COURTS IN 10/27/94
GIBSON PARK, FOR DEPARTMENT OF
PARKS & RECREATION (UNDER
EXISTING DADE COUNTY CONTRACT NO.
1153-0/95) -- BY AGILE COURTS
CONSTRUCTION -- ALLOCATE $16,863
(CIP 331341).
2.17 APPROVE PURCHASE OF FOUR JACOBSEN R 94-737 20
#2015 UTILITY TRUCKS (UNDER 10/27/94
EXISTING STATE OF FLORIDA
CONTRACT NO. 070-840-94-1) --
FROM TRESCA, INC., FOR DEPARTMENT
OF PARKS & RECREATION -- ALLOCATE
$25,224 (CIP 331370).
2.18 AUTHORIZE PURCHASE OF EIGHT
HECKENDORN RIDING LAWN MOWERS
(UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 515-630-94-1) --
FROM HECKENDORN EQUIPMENT COMPANY
OF KANSAS, INC., FOR DEPARTMENT
OF PARKS & RECREATION -- ALLOCATE
$35,000.
2.19 AUTHORIZE CITY MANAGER TO EXECUTE
AMENDMENT TO AGREEMENT (DATED MAY
23, 1994) WITH ARTHUR ANDERSEN
AND COMPANY, THEREBY INCREASING
AUTHORIZED MAXIMUM COMPENSATION
(PURSUANT TO RESOLUTION 94-
354) -- ALLOCATE $35,000.
2.20 AMEND RESOLUTION 94-622, WHICH
AUTHORIZED CITY MANAGER TO
NEGOTIATE / ENTER INTO LEASE
AGREEMENT WITH BEACON PROPERTY
MANAGEMENT CORPORATION, D/B/A
BEACON MANAGEMENT COMPANY OF
MASSACHUSETTS LIMITED
PARTNERSHIP, AGENT FOR CRUZ
DEVELOPMENT & ASSOCIATES, LTD. --
FOR CITY'S USE OF ROOFTOP SPACE
AND AN INTERIOR EQUIPMENT ROOM
FOR CITY -OWNED COMMUNICATIONS
EQUIPMENT IN BISCAYNE VIEW
APARTMENT BUILDING (915 N.W. 1
AVENUE), FOR 15 YEARS, WITH
OPTIONAL 5-YEAR EXTENSION --
ALLOCATE FUNDS, THEREBY
INCREASING ANNUAL RENT TO $4,400.
2.21 AUTHORIZE CITY MANAGER TO EXECUTE
TEMPORARY CONSTRUCTION EASEMENT
WITH FLORIDA DEPARTMENT OF
TRANSPORTATION (DOT) -- FOR USE
OF CITY -OWNED PROPERTY ON WATSON
ISLAND AS A STAGING AREA FOR
BRIDGE GIRDERS, CONTRETE BRIDGE
SEGMENTS AND OTHER WORK RELATED
TO CONSTRUCTION OF MACARTHUR
CAUSEWAY HIGH LEVEL BRIDGE AND
APPROACHES.
R 94-738
10/27/94
R 94-739
10/27/94
R 94-740
10/27/94
R 94-741
10/27/94
all
21
21-22
22
2.22
AUTHORIZE CITY MANAGER TO EXECUTE
R 94-742
AGREEMENT WITH ALLAPATTAH
10/27/94
BUSINESS DEVELOPMENT AUTHORITY,
INC. -- FOR PURPOSE OF
REHABILITATING NINE BUSINESSES,
IN ACCORDANCE WITH THE COMMERCIAL
FACADE TREATMENT PROGRAM --
ALLOCATE $12,600 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
COMMERCIAL FACADE REVITALIZATION
PROGRAM FUNDS.
2.23
APPROVE PROGRAM: THE AMERICAS
R 94-743
MILE, WHICH WILL INCLUDE
10/27/94
INSTALLATION / MAINTENANCE OF
ALUMINUM SEALS ON STREET LIGHT
POLES LOCATED ALONG RIGHTS -OF -WAY
IN THE DOWNTOWN BUSINESS
DISTRICT -- APPROVE COUNTRIES AND
OTHER PLACES TO BE RECOGNIZED BY
AN ALUMINUM SEAL -- EXECUTE
AGREEMENT WITH KIWANIS CLUB OF
THE AMERICAS "KIWANIS", TO
IMPLEMENT SAID PROGRAM.
2.24
AUTHORIZE CITY MANAGER TO ISSUE
R 94-744
INVITATION FOR BIDS FOR SALE OF
10/27/94
CITY -OWNED PROPERTY AT 185 N.E.
82 TERRACE.
2.25
RESCIND RESOLUTION 92-565,
R 94-745
WHEREBY BID OF LEADEX CORPORATION
10/27/94
WAS ACCEPTED FOR PROJECT: DORSEY
PARK RECREATION AND
REHABILITATION BUILDING B-6201-
A -- AUTHORIZE MANAGER TO NULLIFY
CONTRACT WITH LEADEX CORPORATION
FOR SAID PROJECT, AND REJECT ALL
BIDS -- DIRECT MANAGER TO SEEK
NEW BIDS AND TO BRING THEM BACK
TO THE COMMISSION FOR REVIEW /
APPROVAL.
2.26
CLAIM SETTLEMENT: TARIQ RIAZ
R 94-746
($50,000).
10/27/94
2.27 DESIGNATE AMMAN, JORDAN, AS A R 94-747
SISTER CITY OF THE CITY OF MIAMI. 10/27/94
22-23
23
23
24
24
24-25
2.28 AMEND RESOLUTION 94-487, WHICH R 94-748
ACCEPTED DONATION OF VACANT REAL 10/27/94
PROPERTY AT 1405 N.W. 61
STREET -- TO BE USED FOR
EXPANSION OF AFRICAN SQUARE PARK,
THEREBY INCREASING ALLOCATION BY
$26,000, FOR A TOTAL OF $38,000.
2.29 ACCEPT PLAT: SILVER BLUFF BAY. R 94-749
10/27/94
2.30 ACCEPT PROPOSAL OF BOOTH RESEARCH
R 94-750
GROUP, INC. -- TO DEVELOP /
10/27/94
IMPLEMENT A CUSTOMIZED WRITTEN
EXAMINATION AND JOB SIMULATION
EXERCISES PROCESS FOR THE
CLASSIFCATION OF POLICE
LIEUTENANT -- ALLOCATE $50,238 --
EXECUTE AGREEMENT.
2.31 AUTHORIZE CITY MANAGER TO EXECUTE
R 94-751
5-YEAR LEASE AGREEMENT WITH THE
10/27/94
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA (COMMENCING JULY
26, 1994) -- FOR USE OF SOVEREIGN
SUBMERGED LAND FOR CONSTRUCTION /
OPERATION OF A MARGINAL DOCK TO
BE USED IN CONJUNCTION WITH FORT
DALLAS PARK -- LEASE FEES TO BE
WAIVED.
2.32 ALLOCATE $25,000 IN SUPPORT OF
R 94-752
THE BIG ORANGE NEW YEAR'S EVE
10/27/94
CELEBRATION -- EXECUTE AGREEMENT
WITH THE GREATER MIAMI HOST
COMMITTEE.
2.33 AUTHORIZE CITY MANAGER TO EXECUTE R 94-753
AGREEMENT WITH JEFFREY GLICK -- 10/27/94
FOR CREATION OF 39 ART PIECES TO
BE PRESENTED TO HEADS OF
GOVERNMENT ATTENDING THE SUMMIT
OF THE AMERICAS 1994 -- ALLOCATE
$15,500.
25
25
26
27
27
3.
DISCUSSION CONCERNING TAX
DISCUSSION 27-30
ANTICIPATION NOTES, SERIES 1994.
10/27/94
[Note: Previously discussed at
Commission meeting of September
22, 1994.)
4.
BRIEF COMMENTS BY COMMISSIONER
DISCUSSION 30-31
J.L. PLUMMER STATING THAT HE HAD
10/27/94
BEEN ABLE TO OBTAIN A LOAN OF
$18,000,000 FROM THE FLORIDA
LEAGUE OF CITIES FOR LIABILITY
SUITS AGAINST THE CITY.
5.
DISCUSSION CONCERNING PENDING
DISCUSSION 31-35
LAWSUIT IN CONNECTION WITH THE
10/27/94
ST. HUGH OAKS VILLAGE CONDOMINIUM
PROJECT, INCLUDING POSTPONING
MARKETING / SALES OF CONDOMINIUM
UNITS UNTIL LEGAL ISSUES ARE
RESOLVED -- COMMISSIONER GORT
STATES THAT HE WILL GET TOGETHER
WITH VICE MAYOR DAWKINS IN ORDER
TO DRAW UP NECESSARY GUIDELINES
IN CONNECTION THEREWITH.
6.
AUTHORIZE PAYMENT OF ADDITIONAL
R 94-754 35-36
FEES TO LAW OFFICES OF McCRARY
10/27/94
AND MOSLEY -- TO CONTINUE ITS
REPRESENTATION OF THE CITY OF
MIAMI WITH RESPECT TO THE ST.
HUGH OAKS VILLAGE PROJECT --
ALLOCATE $15,000 (CIP 321024).
7.
RESCIND RESOLUTIONS 89-154 AND
R 94-755 37-39
94-90 -- SUBSTITUTE NEW
10/27/94
RESOLUTION ESTABLISHING CRITERIA
/ PROCEDURES FOR NEWSPAPERS WHICH
CITY DEPARTMENTS / OFFICES ARE
PERMITTED TO USE FOR PUBLISHING
PUBLIC NOTICES -- LIST NAMES OF
NEWSPAPERS APPROVED FOR SAID USE.
8.
RATIFY MANAGER'S FINDING THAT
R 94-756 40-41
EMERGENCY NEED EXISTED -- WAIVE
10/27/94
REQUEST FOR SEALED BIDS --
APPROVE PURCHASE / INSTALLATION
OF CHAIN LINK FENCING FOR WATSON
ISLAND FROM FENCE CONNECTION,
INC., FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS & PUBLIC
FACILITIES -- ALLOCATE $4,604.
9. BRIEFLY DISCUSS AND DEFER TO NEXT
MEETING PROPOSED RESOLUTION TO
REALLOCATE $1,950,000 IN
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS, FROM VARIOUS
PROJECTS, FOR RELOCATION OF THE
MUNICIPAL SHOP OPERATIONS --
AUTHORIZE MANAGER TO SUBMIT
AMENDMENTS TO ALREADY APPROVED
16TH, 18TH AND 19TH YEAR CDBG
FINAL STATEMENTS TO U.S.
DEPARTMENT OF HUD TO REFLECT SAID
PROPOSED REALLOCATION OF FUNDS.
10. (A) RATIFY MANAGER'S FINDING THAT
EMERGENCY NEED EXISTED -- WAIVE
REQUEST FOR SEALED BIDS --
APPROVE PURCHASE OF 20
MOTORCYCLES FROM SOUTHWEST CYCLE
COMPANY, INC., FOR DEPARTMENT OF
GSA & SOLID WASTE / FLEET
MANAGEMENT DIVISION -- ALLOCATE
$149,980.
(B) DIRECT CITY MANAGER TO KEEP
THE COMMISSION FULLY INFORMED AS
TO ALL ASPECTS OF IMPORTANT
COMMUNITY EVENTS, SUCH AS THE
PRESIDENT'S SUMMIT OF THE
AMERICAS 1994.
11. RATIFY MANAGER'S FINDING THAT
EMERGENCY NEED EXISTED -- WAIVE
REQUEST FOR SEALED BIDS --
APPROVE PRINTING / FOLDING /
BINDING OF FOUR COLOR PROCESS
1994 HISPANIC CONFERENCE BOOKS --
FROM COLONIAL PRESS
INTERNATIONAL, INC., FOR
DEPARTMENT OF CONFERENCES,
CONVENTIONS & PUBLIC FACILITIES /
OFFICE OF PUBLIC INFORMATION --
ALLOCATE $9,622.
12. DISCUSS AND DEFER CONSIDERATION
OF REQUEST BY RONALD COHEN, ESQ.,
FROM KLAUSNER & COHEN, P.A., FOR
REIMBURSEMENT OF ATTORNEY'S FEES
IN CONNECTION WITH THEIR
REPRESENTATION OF MIAMI POLICE
OFFICERS THOMAS TRUJILLO AND
EUGENE KOWALSKI -- DIRECT CITY
ATTORNEY TO COME BACK WITH A
RECOMMENDATION AT NEXT COMMISSION
MEETING.
DISCUSSION
10/27/94
R 94-757
10/27/94
R 94-758
10/27/94
M 94-759
10/27/94
41-42
42-47
48-49
49-52
13. (A) EMERGENCY ORDINANCE: AMEND
ORDINANCE 11088, WHICH
ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR A SPECIAL
REVENUE FUND: MIAMI HISPANIC
MEDIA CONFERENCE -- INCREASE
APPROPRIATIONS BY $100,000.
(B) COMMISSIONER PLUMMER
QUESTIONS HIGH COST OF CITYWIDE
ADVERTISING.
14. EMERGENCY ORDINANCE: AMEND CODE,
CHAPTER 22 (GARBAGE AND TRASH) --
PROVIDE FOR ELIMINATION OF
COMMERCIAL SOLID WASTE COLLECTION
BY THE CITY -- REDEFINE
RESIDENTIAL UNITS TO INCLUDE
TRIPLEX AND QUADRUPLEX
RESIDENCES -- INCREASE REGULATORY
PERMIT FEE OF ENTITIES ENGAGED IN
COMMERCIAL SOLID WASTE
COLLECTIONS / DISPOSAL FROM ANY
STREET, PUBLIC RIGHTS -OF -WAY OR
PROPERTY IN THE CITY OVER A
THREE-YEAR PERIOD.
15. DISCUSS AND TEMPORARILY DEFER
CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE TO AMEND CODE
SECTION 38-45, RELATING TO
PEDDLING AND VENDING IN CITY
PARKS, BY ESTABLISHING CONCESSION
PRIVILEGES FOR QUALIFIED
NONPROFIT ORGANIZATIONS THAT
OPERATE ONGOING WEEKLY PROGRAMS
FOR YOUTH / ELDERLY / DISABLED
PERSONS IN CITY PARKS; ETC. (See
label 77)
16. URGE MIAMI CAPITAL DEVELOPMENT,
INC. (MCDI) TO EXAMINE AND
RECONSIDER THE CIRCUMSTANCES
SURROUNDING DENIAL OF LOAN
APPLICATION FROM PERCY A. BROWN,
PRESIDENT OF BONDS ALLIANCE
ENTERPRISES, INC.
17. EMERGENCY ORDINANCE: AMEND
ORDINANCE 11090 (ANNUAL
APPROPRIATIONS FOR FY'94) --
INCREASE APPROPRIATIONS RELATING
TO OPERATIONAL REQUIREMENTS AND
OTHER BUDGETARY ADJUSTMENTS
REQUIRED FOR FY'94 BUDGET.
EMERGENCY
ORDINANCE
11183
10/27/94
EMERGENCY
ORDINANCE
11184
10/27/94
DISCUSSION
10/27/94
M 94-760
10/27/94
EMERGENCY
ORDINANCE
11185
10/27/94
53-56
56-59
59-62
63-65
65-67
18. EMERGENCY ORDINANCE: ESTABLISH
EMERGENCY 67-68
NEW SPECIAL REVENUE FUND:
ORDINANCE
REFUGEE COMMUNITY STRENGTHENING
11186
PROGRAM (FY'95) -- APPROPRIATE
10/27/94
$238,276 FROM GRANT RECEIVED FROM
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, OFFICE OF REFUGEE
RESETTLEMENT -- ACCEPT GRANT AND
EXECUTE NECESSARY DOCUMENTS.
19. SECOND READING ORDINANCE: AMEND
ORDINANCE 68-70
ORDINANCE 11139, BY ESTABLISHING
11187
APPROPRIATIONS FOR CAPITAL
10/27/94
IMPROVEMENT PROJECT ($288,300):
ADMINISTRATION BUILDING / GROUND
FLOOR ENCLOSURE (CIP 311032).
20. (A) SECOND READING ORDINANCE:
ORDINANCE 70-75
AMEND CODE -- AMEND ORDINANCE
11188
11130, WHICH ESTABLISHED
ORDINANCE
STANDARDS FOR CREATION AND REVIEW
11189
OF BOARDS: (1) PROVIDE STANDARDS
R 94-761
AS TO SECTIONS CONFLICTING WITH
10/27/94
CHARTER PROVISIONS; (2) ADD
STANDARD AS TO ELIGIBILITY OF
MEMBERSHIP; (3) PROVIDE
PROCEDURES FOR REMOVAL OF BOARD
MEMBERS; (4) PROVIDE THAT CITY
CLERK SHALL INFORM COMMISSION
UPON RESIGNATION OF MEMBERS; (5)
PROVIDE THAT NET ADMINISTRATORS
SHALL ALSO BE LIAISON TO BOARDS
WITHIN THEIR GEOGRAPHICAL AREA;
ETC.
(B) EMERGENCY ORDINANCE: AMEND
CODE, THEREBY PROVIDING THAT
PERSONS OWNING REAL PROPERTY IN
THE CITY OF MIAMI ARE ELIGIBLE
FOR MEMBERSHIP ON: (1) DOWNTOWN
DEVELOPMENT AUTHORITY (DDA); (2)
WATERFRONT ADVISORY BOARD; (3)
BAYFRONT PARK MANAGEMENT TRUST;
(4) NUISANCE ABATEMENT BOARD; (5)
STREET CODESIGNATION REVIEW
COMMITTEE; (6) COCONUT GROVE
STANDING FESTIVAL COMMITTEE; AND
(7) LATIN QUARTER REVIEW BOARD.
(C) PROVIDE THAT PERSONS OWNING
REAL PROPERTY IN THE CITY OF
MIAMI ARE ELIGIBLE FOR MEMBERSHIP
ON: (1) COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT;
(2) HEALTH FACILITIES AUTHORITY;
AND (3) TAX-EXEMPT PROPERTY
STEERING COMMITTEE.
21.
SECOND READING ORDINANCE: AMEND
ORDINANCE
CODE ARTICLE IV OF CHAPTER 40
11190
(PENSION AND RETIREMENT PLANS,
10/27/94
DIVISION 2. CITY OF MIAMI FIRE
FIGHTERS' AND POLICE OFFICERS'
RETIREMENT TRUST) -- ADD NEW
SECTION 40-220 PROVIDING
LIMITATION ON COMPENSATION AND
EFFECTIVE DATE -- ADD NEW SECTION
40-212(H)(3) (ACCIDENTAL DEATH
BENEFIT) PROVIDING FOR SURVIVING
SPOUSES WHO REMARRY.
22.
FIRST READING ORDINANCE: AMEND
ORDINANCE
CODE SECTION 40-229 -- PROVIDE
FIRST
FOR CHANGES IN INVESTMENT
READING
GUIDELINES AND TYPES OF FUNDS
10/27/94
WHERE INVESTMENT MAY BE MADE FOR
MEMBERS OF THE CITY OF MIAMI
GENERAL EMPLOYEES' RETIREMENT
TRUST.
23.
DISCUSS AND CONTINUE TO NEXT
DISCUSSION
MEETING CONSIDERATION OF PROPOSED
10/27/94
FIRST READING ORDINANCE RELATING
TO STREET VENDING, AMENDING CODE
CHAPTER 39, ARTICLE II, BY
ESTABLISHING THE DOWNTOWN MIAMI
SPECIAL VENDING DISTRICT;
REPEALING SECTION 39-17 AND
SUBSTITUTING NEW SECTION 39-17
(LIMITATIONS WITHIN DOWNTOWN
MIAMI SPECIAL VENDING DISTRICT);
PROVIDING FOR INTENT,
DEFINITIONS, DISTRICT BOUNDARIES;
EXCLUSIVE VENDING FRANCHISE
OPPORTUNITIES; ETC. (See label
26)
24.
SECOND READING ORDINANCE: AMEND
ORDINANCE
CODE CHAPTER 40, ARTICLE IV
11191
(PENSION AND RETIREMENT PLANS,
10/27/94
DIVISION III) -- AMEND SECTION
40-250 REDEFINING SERVICES;
REDEFINING RETIREMENT; PROVIDING
FOR TERM OF OFFICE WITHIN WHICH
ELECTED OFFICER BENEFITS SHALL
VEST -- AMEND SECTION 40-255
(BENEFITS).
76
77
78-80
25.
SECOND READING ORDINANCE: AMEND
ORDINANCE 81
CODE CHAPTER 40, ARTICLE IV
11192
(PENSION AND RETIREMENT PLANS,
10/27/94
DIVISION 2. CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST) --
ADD NEW SECTION 40-247
(LIMITATION ON COMPENSATION) --
PROVIDE FOR EFFECTIVE DATE.
26.
CONTINUED DISCUSSION CONCERNING
DISCUSSION 82-84
PREVIOUSLY CONTINUED FIRST
10/27/94
READING ORDINANCE RELATING TO
STREET VENDING AND PROPOSED CODE
AMENDMENT TO ESTABLISH THE
DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT. (See label 23)
27.
FIRST READING ORDINANCE: AMEND
ORDINANCE 84-85
CODE SECTIONS 62-71, 23.1-4 AND
FIRST
23.1-5 RELATED TO THE HISTORIC
READING
AND ENVIRONMENTAL PRESERVATION
10/27/94
BOARD -- AMEND REQUIREMENTS FOR
TERMS OF OFFICE AND REMOVAL OF
MEMBERS TO CONFORM WITH
PROVISIONS OF ORDINANCE 11130 --
ESTABLISH FEES FOR APPEALS OF
DESIGNATIONS AND CERTIFICATES OF
APPROPRIATENESS.
28.
(A) APPOINT INDIVIDUALS TO SERVE
M 94-762 85-89
AS MEMBERS OF THE HISTORIC AND
R 94-762.1
ENVIRONMENTAL PRESERVATION BOARD.
10/27/94
(Appointed were: Keith Soto,
Arthur H. King, Sr., Richard
Heisenbottle, Jeanette Poole,
Miguel Seco, Miichael John
George, Raul L. Rodriguez, &
Michael Goldstein.) (See label
41)
(B) APPOINT WILLIE IVORY TO SERVE
AS A MEMBER OF THE PRIVATE
INDUSTRY COUNCIL (PIC).
29.
APPOINT INDIVIDUALS TO SERVE AS
R 94-763 89-91
MEMBERS OF THE CODE ENFORCEMENT
10/27/94
BOARD. (Appointed were: Jimmy
Morales & Humberto Hernandez.)
30.
FIRST READING ORDINANCE: AMEND
ORDINANCE 91-92
CODE -- AMEND ORDINANCE 11130 BY
FIRST
AMENDING REQUIREMENTS FOR TERMS
READING
OF OFFICE AND REMOVAL OF MEMBERS
10/27/94
OF THE URBAN DEVELOPMENT REVIEW
BOARD.
Wa
31.
APPOINT INDIVIDUALS TO SERVE AS
R 94-764 92-94
MEMBERS OF THE URBAN DEVELOPMENT
10/27/94
REVIEW BOARD. (Appointed were:
Wayne Williams & Willy Bermello.)
32.
AUTHORIZE CITY ATTORNEY TO
R 94-765 95-96
INITIATE LEGAL PROCEEDINGS AND
10/27/94
CIVIL ACTION AGAINST RALPH D. AND
GAIL PACKINGHAM D/B/A HAIRSTYLES
BY MR. RALPH (AS OWNERS AND
INDIVIDUALLY) TO RECOVER LOAN
FUNDS ($6,947.28, PLUS INTEREST)
MADE TO SAID INDIVIDUALS THROUGH
CITYWIDE SMALL BUSINESS
DEVELOPMENT LOAN PILOT PROGRAM.
33.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 96-97
OF PROPOSED RESOLUTION TO
10/27/94
RESCHEDULE PUBLIC HEARING
REGARDING REQUEST FOR PROPOSALS
(RFP) FOR DEVELOPMENT OF THE MEGA
YACHT MARINA ON CITY -OWNED
WATERFRONT PROPERTY AT WATSON
ISLAND; ETC.
34.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 97-98
OF PROPOSED RESOLUTION TO
10/27/94
RESCHEDULE PUBLIC HEARING
REGARDING REQUEST FOR PROPOSALS
(RFP) FOR DEVELOPMENT OF THE
VIRGINIA KEY CAMPGROUND AND
ANCILLARY RECREATIONAL FACILITIES
ON CITY -OWNED WATERFRONT PROPERTY
ON VIRGINIA KEY BEACH; ETC.
35.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 98-104
OF PROPOSED RESOLUTION TO
10/27/94
RESCHEDULE PUBLIC HEARING
REGARDING REQUEST FOR PROPOSALS
(RFP) FOR DEVELOPMENT OF THE
MIAMI MARINE STADIUM AND RELATED
MARINE AND RECREATIONAL USES ON
CITY -OWNED WATERFRONT PROPERTY AT
3601 RICKENBACKER CAUSEWAY --
DIRECT ADMINISTRATION TO DRAFT
RFP IN SUCH A WAY AS TO SPLIT IT
INTO SECTIONS A, B & C, IN ORDER
TO ALLOW BIDDERS TO BID ON EITHER
ANY ONE SECTION OR ON ALL THREE
SECTIONS.
36. AMEND RESOLUTION 94-539, WHEREBY
CITY COMMISSION ACCEPTED THE BID
OF SEALAND CONTRACTORS, INC. FOR
OLYMPIC POOL COMPLEX AT CHARLES
HADLEY PARK - B-6211 (CIP
331349), THEREBY INCREASING SAID
BID AWARD TO INCLUDE ADDITIVE
ALTERNATE ITEM NO. 1 FOR
INSTALLATION OF HEAT PUMPS /
WELLS; REALLOCATING FUNDS FOR
SAID PROJECT -- EXECUTE CONTRACT.
37. RATIFY MANAGER'S EMERGENCY ACTION
IN AUTHORIZING INCREASE IN
CONTRACT WITH J. BALSERA SCHOOL
BUS SERVICE, INC. ($18,400) --
FOR PROVISION OF ADDITIONAL BUS
TRANSPORTATION FOR PARTICIPANTS
OF THE 1994 SUMMER RECREATION
PROGRAM.
38. SELECT TEAM OF BERMELLO, AJAMIL
AND PARTNERS AS THE MOST
QUALIFIED TEAM TO PROVIDE
PROFESSIONAL SERVICES IN
CONNECTION WITH PREPARATION OF
THE COCONUT GROVE PLANNING STUDY.
(Note: This motion was later
rescinded and continued to
November 17th Commission
meeting -- see labels 55 & 57)
39. ACCEPT BID: CONSOLIDATED
BUILDERS ENTERPRISES, INC.
($165,266, TOTAL BID) -- FOR
PROJECT: LEGION PARK BUILDING
RENOVATIONS, B-2989 (SECOND
BIDDING) -- ALLOCATE FUNDS (CIP
331312) -- EXECUTE CONTRACT.
40. AUTHORIZE INCREASE ($25,000) IN
CONTRACT WITH HORIZON
CONTRACTORS, INC. FOR PROJECT:
ALLAPATTAH COMMUNITY DEVELOPMENT
STREET IMPROVEMENT -PHASE V. B-
4552 -- ALLOCATE FUNDS FROM CIP
341181 -- RATIFY CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN
INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES.
R 94-766
10/27/94
R 94-767
10/27/94
M 94-768
10/27/94
R 94-769
10/27/94
R 94-770
10/27/94
104-106
106-107
107-112
113
114
}
41.
(Continued discussion) CONFIRM
R 94-771
115-116
APPOINTMENTS OF INDIVIDUALS AS
10/27/94
MEMBERS OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION
BOARD -- WAIVE RESIDENCY
REQUIREMENT AS IT CONCERNS
RICHARD HEISENBOTTLE AND RAUL
RODRIGUEZ. (See label 28A)
42.
AMEND RESOLUTION 94-671.2,
R 94-772
116-118
THEREBY SCHEDULING THE FIRST AND
10/27/94
SECOND REGULAR CITY COMMISSION
DECEMBER MEETINGS TO TAKE PLACE
ON DECEMBER 1, 1994.
43.
PERSONAL APPEARANCE: REV. DR.
DISCUSSION
118-120
PRESTON W. MARSHALL, JR.
10/27/94
CONCERNING THE MARTIN LUTHER
KING, JR. PARADE AND FESTIVITIES.
44.
DIRECT ADMINISTRATION TO INCLUDE
M 94-773
120-121
LA PRENSA DE MIAMI IN THE LIST OF
10/27/94
DESIGNATED NEWSPAPERS FOR THE
PUBLISHING OF CITY ADS, ON A
ROTATING BASIS, SUBJECT TO THEIR
MEETING PRESENTLY INSTITUTED
REQUIREMENTS AND CLEARANCE BY THE
OFFICE OF PROCUREMENT.
45. CODESIGNATE N.W. 4 AVENUE FROM R 94-774
N.W. 5 STREET TO N.W. 9 STREET 10/27/94
AS: ANN-MARIE ADKER AVENUE.
46. GRANT REQUEST BY MIAMI BOOK FAIR
INTERNATIONAL, INC. TO WAIVE USER
FEES IN CONNECTION WITH THE 1994
MIAMI BOOK FAIR INTERNATIONAL
(NOVEMBER 18-20, 1994), SUBJECT
TO PROVISOS, AND SUBJECT TO SAID
ORGANIZATION REIMBURSING THE CITY
OUT OF ANY PROFITS REALIZED BY
SAID EVENT UP TO THE TOTAL OF
CITY COSTS WAIVED BY THE HEREIN
RESOLUTION.
47. DISCUSSION CONCERNING PROPOSED
RESOLUTION AUTHORIZING CITY
MANAGER TO EXECUTE AGREEMENT WITH
SMALL BUSINESS OPPORTUNITY
CENTER, INC. -- FOR
REHABILITATION OF NINE BUSINESSES
IN ACCORDANCE WITH THE COMMERCIAL
FACADE TREATMENT PROGRAM. (See
label 56)
R 94-775
10/27/94
DISCUSSION
10/27/94
121-123
123-125
125-126
48. ALLOCATE $25,974 IN SUPPORT OF R 94-776 126-128
THE NATIVE AMERICAN CULTURAL 10/27/94
FESTIVAL (SPONSORED BY THE
GREATER BISCAYNE BOULEVARD
CHAMBER OF COMMERCE) -- TO BE
HELD IN LEGION PARK (DECEMBER 1-
4, 1994).
49. DISCUSSION CONCERNING DINNER KEY DISCUSSION 129-136
MARINA IMPROVEMENTS. 10/27/94
50. ADMINISTRATION TO BE GUIDED BY M 94-777 137-141
COMMISSION POLICY STIPULATING 10/27/94
THAT THE VESSEL "CELEBRATION"
SHALL BE ALLOWED TO BERTH INSIDE
BAYSIDE MARINA, ANYWHERE EXCEPT
BY THE NORTH WALL -- DIRECT
ADMINISTRATION TO FORMALIZE LEASE
WITH MR. DUDIK.
51. PERSONAL APPEARANCE: MS. ESTHER DISCUSSION 141-142
MAE ARMBRISTER, CONCERNING 10/27/94
REQUEST FOR A TOWN HALL PUBLIC
HEARING TO BE HELD IN DECEMBER IN
THE COCONUT GROVE HIGH SCHOOL
AUDITORIUM REGARDING THE GOOMBAY
PLAZA DEVELOPMENT PROJECT.
52. BRIEF COMMENTS BY MAYOR STEPHEN DISCUSSION 142-143
P. CLARK CONCERNING TAX FREE 10/27/94
INDUSTRIAL REVENUE BONDS.
53. DISCUSSION CONCERNING PAYMENT OF DISCUSSION 143-144
NEEDED REFINANCING OF A NOTE 10/27/94
COMING DUE NEXT YEAR IN
CONNECTION WITH IMPROVEMENTS TO
THE ORANGE BOWL -- AUTHORIZATION
SOUGHT TO RENEGOTIATE THE
$21,000,000 NOTE.
54. DISCUSSION CONCERNING PROPOSED
CREATION OF A TOTALLY INDEPENDENT
AGENCY TO BE KNOWN AS: SOUTHEAST
OVERTOWN / PARK WEST
REDEVELOPMENT AUTHORITY --
AUTHORIZE CITY MANAGER, WITH
COOPERATION AND INPUT OF CITY
COMMISSION, TO DRAFT / NEGOTIATE
WITH METROPOLITAN DADE COUNTY A
PROPOSED INTERLOCAL AGREEMENT FOR
CREATION OF SAID AUTHORITY, WHICH
SHALL BE FULLY RESPONSIBLE FOR
REDEVELOPMENT OF OVERTOWN --
DESIGNATE VICE MAYOR MILLER
DAWKINS AS CITY COMMISSION
REPRESENTATIVE -- DIRECT CITY
MANAGER TO EXCHANGE PROPOSED CITY
AND COUNTY VERSIONS OF SAID
INTERLOCAL AGREEMENT TO ENSURE
THAT EACH PARTY WILL HAVE COPY OF
FINAL VERSION OF PROPOSED
AGREEMENT AT LEAST FIVE DAYS
PRIOR TO FIRST CITY COMMISSION
MEETING IN JANUARY, 1995.
55. (A) (Continued) RECONSIDER AGENDA
43 AND RESCIND PRIOR MOTION 94-
768 WHICH SELECTED THE FIRM OF
BERMELLO AJAMIL & PARTNERS, INC.
AS MOST QUALIFIED TEAM TO PROVIDE
PROFESSIONAL SERVICES IN
CONNECTION WITH PREPARATION OF
THE COCONUT GROVE PLANNING STUDY.
(B) (Continued discussion)
RECONSIDER AND CONTINUE (TO
NOVEMBER COMMISSION MEETING)
CONSIDERATION OF PROPOSED
RESOLUTION TO APPROVE SELECTION
COMMITTEE`S FINDINGS AS TO MOST
QUALIFIED TEAM TO PROVIDE
PROFESSIONAL SERVICES IN
CONNECTION WITH PREPARATION OF
THE COCONUT GROVE PLANNING STUDY.
(See labels 38 & 57)
M 94-778
10/27/94
M 94-779
M 94-780
10/27/94
145-180
181-184
56.
(Continued discussion) AUTHORIZE
R 94-781 184-185
CITY MANAGER TO EXECUTE AGREEMENT
10/27/94
WITH SMALL BUSINESS OPPORTUNITY
CENTER, INC., FOR PURPOSE OF
REHABILITATING NINE BUSINESSES IN
ACCORDANCE WITH THE COMMERCIAL
FACADE TREATMENT PROGRAM --
ALLOCATE $12,600 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
COMMERCIAL FACADE REVITALIZATION
PROGRAM FUNDS. (Note: This item
had been discussed, but a motion
was not duly passed at that
time -- see label 47.]
57.
(Continued discussion) CLARIFYING
DISCUSSION 185-186
COMMENTS CONCERNING PREVIOUSLY
10/27/94
RESCINDED MOTION WHICH HAD
SELECTED THE MOST QUALIFIED TEAM
TO PROVIDE PROFESSIONAL SERVICES
IN CONNECTION WITH PREPARATION OF
THE COCONUT GROVE PLANNING STUDY.
(See labels 38 & 55) (Note: Item
was continued to November 17th
meeting.]
58.
APPROVE CITY MANAGER'S
R 94-782 186-209
RECOMMENDATION FOR (a) A
10/27/94
COMPREHENSIVE RESTORATION OF
DINNER KEY AREA; (b) RENOVATION
OF THE VIRRICK GYM SITE; (c)
ADAPTIVE REUSE OF THE DINNER KEY
BOAT YARD / MERRILL STEVENS
PROPERTY UNDER A UNIFIED
DEVELOPMENT PROCESS (UDP) FOR
STIPULATED USES IN MANAGER'S
RECOMMENDATION -- AUTHORIZE
MANAGER TO COMMENCE
IMPLEMENTATION OF RESTORATION
PROGRAM -- PROVIDE FOR
APPOINTMENT OF A CITIZENS'
ADVISORY COMMITTEE COMPOSED OF
INDIVIDUALS FROM THE COCONUT
GROVE COMMUNITY TO PARTICIPATE IN
DRAFTING OF RFP FOR UDP.
59.
AUTHORIZE EXPENDITURE OF $9,500
R 94-783 210-211
FOR EMERGENCY REPAIR OF CONCRETE
10/27/94
PAVEMENT ON SOUTH SIDE OF COCONUT
GROVE CONVENTION CENTER.
60.
WAIVE CONFLICT OF INTEREST TO
M 94-784
PERMIT GREENBERG TRAURIG TO TAKE
10/27/94
ON APPEAL OF THE MIAMI MENTAL
HEALTH CENTER DECISION, AS IT
RELATES TO BONDS.
61.
(A) ACCEPT BID: LAWMEN'S AND
R 94-785
SHOOTERS SUPPLY, INC. -- FOR
R 94-785.1
FURNISHING VARIOUS TYPES OF
10/27/94
AMMUNITION, FOR POLICE
DEPARTMENT -- ALLOCATE
$78,778.08.
(B) AUTHORIZE PURCHASE OF: (1)
COMMERCIAL LAW ENFORCEMENT
VESSELS AND ACCESSORIES FROM
BOSTON WHALERS, INC (UNDER DADE
COUNTY BID NO. 489-003)
($69,212); AND (2) FOUR MOTORS
FROM OUTBOARD MARINE CORPORATION
(UNDER STATE OF FLORIDA CONTRACT
NO. 120-440-93-1) ($28,646) --
FOR POLICE DEPARTMENT -- ALLOCATE
$97,858 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
62.
CONTINUE (TO DECEMBER MEETING)
DISCUSSION
CONSIDERATION OF APPEAL OF ZONING
10/27/94
BOARD'S DENIAL OF VARIANCE TO
ALLOW A REDUCTION OF A SIDE YARD
SETBACK FOR A PROPOSED ADDITION
TO AN EXISTING CAR WASH
ESTABLISHMENT AT 3400 SOUTH DIXIE
HIGHWAY. (Applicant / Appellant:
James Confalone.)
63.
CONTINUE (TO DECEMBER MEETING)
DISCUSSION
CONSIDERATION OF AN APPEAL OF THE
10/27/94
HISTORIC & ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL OF A
CERTIFICATE OF APPROPRIATENESS
FOR INSTALLATION OF A SIGN ON
UPPER EAST ELEVATION AND TWO
BANNERS AT 169 E. FLAGLER STREET
A/K/A THE ALFRED I. DUPONT
BUILDING. (Applicant /
Appellant: Capital Bank.) (See
label 72A)
211-212
212-215
216
217
&i1
64. BRIEF COMMENTS BY JACK TAFFER
(APPELLANT) INFORMING THE
COMMISSION THAT HE HAS REACHED
AGREEMENT WITH APPELLEE IN
CONNECTION WITH HIS APPEAL OF
ZONING BOARD'S GRANTING OF
VARIANCE TO PERMIT ADDITIONAL
HEIGHT FOR PROPOSED ADDITION TO
PROPERTY AT 2238 SOUTH MIAMI
AVENUE. (Applicants: Emmanuel &
Naomi Nwadike. Appellants: Jack
& Susan Taffer.) (See label 69)
65. (A) READOPT RESOLUTION 94-597,
WHICH AMENDED A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (R 83-
695) -- FOR THE BRICKELL SQUARE
PROJECT, PHASE I (801-999
BRICKELL AVENUE), A DEVELOPMENT
OF REGIONAL IMPACT AND A MAJOR
USE SPECIAL PERMIT (PURSUANT TO
ORDINANCE 9500). (Applicant:
Equitable Life Assurance Society
of the United States.)
(B) READOPT RESOLUTION 94-598,
WHICH AMENDED PREVIOUSLY APPROVED
DEVELOPMENT ORDER -- FOR THE
BRICKELL SQUARE PROJECT, PHASE II
AND III (845-999 BRICKELL
AVENUE), A DEVELOPMENT OF
REGIONAL IMPACT AND A MAJOR USE
SPECIAL PERMIT (PURSUANT TO
ORDINANCE 9500). (Applicant:
Equitable Life Assurance Society
of the United States.)
66. DENY PROPOSED RESOLUTION TO CLOSE
/ VACATE / ABANDON / DISCONTINUE
PUBLIC USE OF 13 AVENUE (WEST)
FROM S. VENETIAN WAY TO N.
VENETIAN WAY AS A CONDITION FOR
APPROVAL OF TENTATIVE PLAT NO.
1463-A (SAN MARCO KEY
SUBDIVISION) AT 1316 N. VENETIAN
WAY, SUBJECT TO REQUIREMENTS.
(Applicant: John A. Turchin for
R.D. Development.]
DISCUSSION
10/27/94
R 94-786
R 94-786.1
10/27/94
M 94-787
10/27/984
218
219-221
221-231
67. (A) SECOND READING ORDINANCE:
AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE
DESIGNATION AT 3629 N.W. 20 COURT
FROM MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO GENERAL
COMMERCIAL. (Applicant: Ameriland
Enterprises, Inc.).
(B) SECOND READING ORDINANCE:
AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 3629 N.W. 20 COURT
FROM R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO C-2
LIBERAL COMMERCIAL. (Applicant:
Ameriland Anterprises, Inc.).
68. SECOND READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 2515 S.W. 7 STREET
FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL.
(Applicant: Planning, Building &
Zoning Dept.)
69. (Continued discussion) AFFIRM
ZONING BOARD'S GRANTING OF
VARIANCE TO PERMIT ADDITIONAL
HEIGHT FOR PROPOSED ADDITION TO
PROPERTY AT 2238 S. MIAMI AVENUE,
ZONED R-1 SINGLE FAMILY
RESIDENTIAL, SUBJECT TO
CONDITIONS. (Applicants:
Emmanuel & Naomi Nwadike.) (See
label 64)
70. CONTINUE (TO DECEMBER 1ST
MEETING) CONSIDERATION OF ZONING
BOARD'S DENIAL OF VARIANCE TO
ALLOW REDUCTION OF SIDE YARD
SETBACK FOR PROPOSED ADDITION TO
AN EXISTING CAR WASH
ESTABLISHMENT AT 3400 S. DIXIE
HIGHWAY (ZONED C-1 RESTRICTED
COMMERCIAL). (Applicant /
Appellant: James Confalone.)
71. FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION
AT 185 S.E. 14 TERRACE FROM 0-
OFFICE TO SD-5 BRICKELL AVENUE
AREA RESIDENTIAL - OFFICE
DISTRICT. (Applicant: Pointview
Towers of Curacao, N.V. [Owner];
St. James Development [Buyer].)
ORDINANCE
11193
ORDINANCE
11194
10/27/94
ORDINANCE
11195
10/27/94
R 94-788
10/27/94
DISCUSSION
10/27/94
ORDINANCE
FIRST
READING
10/27/94
232-235
235-237
237-240
240-241
241-242
A
72.
APPROVE 1994-2000 CAPITAL
R 94-789
IMPROVEMENT PROGRAM AS A GUIDE TO
10/27/94
CITY AGENCIES, BOARDS AND
DEPARTMENTS.
73.
FIRST READING ORDINANCE:
ORDINANCE
ESTABLISH APPROPRIATIONS FOR CITY
FIRST
OF MIAMI CAPITAL IMPROVEMENTS --
READING
CONTINUE / REVISE PREVIOUSLY
10/27/94
APPROVED SCHEDULED CAPITAL
IMPROVEMENT PROJECTS -- ESTABLISH
NEW CAPITAL IMPROVEMENT PROJECTS
TO BEGIN DURING FY 1994-95 --
REPEAL PROVISIONS OF ORDINANCE
11139 (CIP ORDINANCE FOR FY'93-
94) WHICH MAY BE IN CONFLICT WITH
THIS ORDINANCE; ETC.
74.
FIRST READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 11000 TEXT -- AMEND
FIRST
SECTION 401 (SCHEDULE OF DISTRICT
READING
REGULATIONS) TO ALLOW DISCOUNT
10/27/94
MEMBERSHIP MERCHANDISERS AS A
CONDITIONAL PRINCIPAL USE IN C-1
RESTRICTED COMMERCIAL DISTRICT BY
SPECIAL EXCEPTION ONLY --
ESTABLISH MINIMUM PARKING
REQUIREMENT BY ADDING TWO NEW
"RESERVED" SECTIONS -- ADD
SECTION 944 (DISCOUNT MEMBERSHIP
MERCHANDISERS); PROVIDE
DEFINITIONS; ETC. (Applicant:
Planning, Building & Zoning
Dept.)
75.
FIRST READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 11000 -- AMEND ARTICLE
FIRST
91 SECTION 926 (SIGNS; SPECIFIC
READING
LIMITATIONS AND REQUIREMENTS) --
10/27/94
ADD NEW SUBSECTION 926.9 (SIGNS
OF HISTORIC SIGNIFICANCE) --
PROVIDE PROCEDURES FOR EXEMPTING
DESIGNATED SIGNS OF HISTORIC
SIGNIFICANCE FROM USUAL SIGN
LIMITATIONS. (Applicant:
Planning, Building & Zoning
Dept.)
243
244-245
245-246
247-248
76. EMERGENCY ORDINANCE: AMEND CODE
SECTION 38-45 (RELATING TO
PEDDLING AND VENDING IN CITY
PARKS) -- ESTABLISH CONCESSION
PRIVILEGES FOR QUALIFIED
NONPROFIT ORGANIZATIONS THAT
OPERATE ONGOING WEEKLY PROGRAMS
FOR YOUTH, ELDERLY AND/OR
DISABLED PERSONS IN CITY PARKS --
DESIGNATE SAME AS "NONPROFIT"
CONCESSION PERMITS -- CHANGE
DESIGNATION OF "TEMPORARY"
CONCESSION PERMITS TO "SPECIAL
EVENT" CONCESSION PERMITS --
AUTHORIZE FORMULATION OF RULES,
PROCEDURES AND FEES FOR SPECIAL
EVENT AND NONPROFIT CONCESSIONS
IN PARKS BY THE PARKS AND
RECREATION DEPARTMENT DIRECTOR,
SUBJECT TO APPROVAL BY CITY
MANAGER AND REVIEW BY CITY
ATTORNEY -- REPEAL INOPERATIVE
PROVISIONS PERTAINING TO BEER AND
WINE PERMITS -- CREATE DEPARTMENT
NAME; ETC.
EMERGENCY
ORDINANCE
11196
10/27/94
248-250
77. DISCUSSION CONCERNING REGULATION DISCUSSION 250-251
OF BANNERS ACROSS BAYSHORE DRIVE. 10/27/94
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of October, 1994, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:06 a.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner Victor De Yurre
An invocation was delivered by Mayor Clark who then led those present in a pledge of
allegiance to the flag.
-------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
(A) Proclamation: WTVJ Channel 4 Day -- recognizing its contribution to the
enhancement of Hispanic Heritage Month.
(B) Commendation: Vivian Greer-Digon -- for her contribution to the arts and culture of
Miami.
(C) Commendation: Police Officer Freddy D'Agostino -- for bringing honor and
prestige to the City of Miami when he was recognized as one of the nation's 10 best
police officers (Top Cops Award).
(D) Presentation: Certificate of Appreciation: Luis R. Bancroft -- named Family of the
Month by Allapattah Chamber of Commerce.
1 October 27, 1994
(E) Presentation: Certificate of Appreciation: Orlando Avalo -- for his cooperation in
the framing of the logo of the President's Summit of the Americas.
(F) Presentation of the Mayor by the American Legion -- for 20 years of support in the
community.
(G) Presentation to Cesar H. Odio, City Manager by the National Association of
Hispanic Public Administrators' "The Excellence in Government Award 1994"
[NOTE: Commissioner De Yurre entered the Commission
Chamber at 9:09 a.m.]
----------------------------------------------------------------------------------------------------------------
2. (A) GENERAL COMMENTS / CLARIFYING STATEMENTS
CONCERNING CERTAIN CONSENT AGENDA ITEMS.
(B) CONSENT AGENDA.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Before we get into the consent agenda, Mr. Glick... Mr. Manager, you want to...
At the summit on December the 9th, 10th and 11th, in Miami, we will have thirty-four, thirty-
five Presidents of those countries, Central and South America, come to our community for this
summit. And you always like to give a nice gift to the President of a foreign country. And the
' Manager, through his efforts and his staff, has designed a beautiful emblem of what we will
present to each one of these Presidents. We'll show it to you in a minute. It's a beautiful thing.
It has the seal of the City on it, and their name. It's beautiful.
Vice Mayor Dawkins: Say what, now? That's the one we're giving to the...
Mayor Clark: Presidents.
Vice Mayor Dawkins:... Presidents? How much is it going to cost us?
Mayor Clark: Can't reproduce it. It's copyrighted.
Mr. Odio: It will have the Miami skyline etched across. He didn't have time to do it. It's in the
agenda item CA-39.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Mr. Odio: Well, we don't do that. We'll give them a funeral pass.
Mayor Clark: Now, the items to be withdrawn today, regular items, item 4... Take note of this,
please. You may have a copy. On the regular agenda, item 4, item 6, item 8, item 13, item 38,
item 46, item 47. On the regular agenda, number 40. Items pulled (Mr. Dawkins' request) on
the consent agenda: item number 1, item number 4, item 23 and item 40.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD.)
Mayor Clark: Sir? Item 40. Item 40.
2 October 27, 1994
No
Mr. Odio: No, outside the consent. And Commissioner Dawkins withdrew...
Ms. Matty Hirai (City Clerk): Commissioner Plummer, the mike, sir, if you would. Thank you.
Commissioner Plummer: Is the only consent item that is withdrawn item 40?
Mr. Odio: No. Item 40...
Vice Mayor Dawkins: Why? No, no, no...
Mayor Clark: Please, now, let me start again.
Vice Mayor Dawkins: Go right ahead, sir.
Commissioner Plummer: Mr. Mayor, Mr. Mayor, I can simplify it.
Mayor Clark: To be withdrawn from the consent agenda, item 1, 4, 23, and 40.
Mr. Odio: That's right.
Mayor Clark: Forty is not on the... It's on the regular agenda.
Commissioner Plummer: OK. Would you... Once again, I'm sorry. The consent agenda items
that have been withdrawn are?
Mayor Clark: One, 4, and 23.
Commissioner Plummer: OK.
Mayor Clark: Wait a minute. Forty is on the regular agenda.
Vice Mayor Dawkins: Well, it was the last one on the consent agenda.
Mayor Clark: No, 40...
Vice Mayor Dawkins: There's a 40 on the consent agenda.
Mr. Odio: Forty on the consent.
Vice Mayor Dawkins: CA-40.
Mayor Clark: All right. CA-40 on the consent agenda.
Commissioner Plummer: You know, it sure would make it a lot easier if it showed "consent
agenda."
Unidentified Speaker: That was my fault.
Commissioner Plummer: OK. Let me repeat it again. Off of the consent agenda is items 1, 4,
23, and 40.
Mayor Clark: Yes, sir.
3 October 27, 1994
Commissioner Plummer: Is that correct?
Mayor Clark: Yes, sir.
Commissioner Plummer: Aside from anything that any other Commissioner would pull.
Mayor Clark: Absolutely.
Commissioner Plummer: All right, sir.
Mayor Clark: On the regular agenda, item 4, 6, 8, 13, 38, 46, and 47.
Mr. Odio: And 40, Mr. Mayor.
Mayor Clark: And 40.
Commissioner Plummer: Forty, also, on the regular.
Mr. Odio: Also.
Mayor Clark: On the regular agenda.
Mr. Odio: Yes, sir.
Commissioner Plummer: All right. Well, now, I've got to go back and redo my entire consent.
Mayor Clark: We'll get cranked up here in a minute.
Vice Mayor Dawkins: What items are we pulling?
Mayor Clark: One, 4, 23 and 40 on the consent agenda.
Vice Mayor Dawkins: Now, OK. Under discussion. I'd like to know... I would like for us to
remember item 41, when we...
Mayor Clark: On the regular agenda?
Vice Mayor Dawkins: Yes, sir. When we do the consent agenda, which I'm not going to vote
against. What's the one here, Mr. Manager, where we're going to increase the pay of.. of the
accountants?
Mr. Odio: Item 4.
Vice Mayor Dawkins: Sir?
Mr. Odio: Item 4. CA-4.
Vice Mayor Dawkins: No, sir.
Mr. Odio: You withdrew that one.
Vice Mayor Dawkins: No, not CA-40.
Mr. Odio: CA-4.
4 October 27, 1994
Mayor Clark: CA-4.
Vice Mayor Dawkins: Four.
Mr. Odio: You withdrew that one.
Vice Mayor Dawkins: Four.
Mr. Odio: Four.
Vice Mayor Dawkins: OK. All right. I withdrew it, but I want to discuss it, because I want you
to know that if you're going... That's the same as 41, so I don't know why you didn't put 41 on
the consent agenda, just like you put this one on the consent agenda.
Commissioner Plummer: Excuse me. Miller, did you say about the auditors? Because this here
was on the...
Mr. Odio: No, no, it's not the same, Commissioner.
Commissioner Plummer: That's an attorney.
Mr. Odio: Let me explain why it's not the same.
Vice Mayor Dawkins: OK. Go right ahead.
Mr. Odio: And it's the Law Department. It's that what happened is we need to pay additional
fees...
Vice Mayor Dawkins: OK.
Mr. Odio: To McCrary and Mosley.
Vice Mayor Dawkins: What number is it, please?
Mr. Odio: That's 41.
Vice Mayor Dawkins: Forty-one?
A. Quinn Jones, III, Esq. (City Attorney): Forty-one.
Commissioner Plummer: Forty-one.
Mr. Jones: Forty-one on the regular agenda.
Vice Mayor Dawkins: Yeah, but what about... We got one on the consent agenda where you are
approving the increase for... OK, just bear with me. I'll get it. I can read it here. Bear with me
a minute.
Mr. Odio: By the way, Commissioner, 41 was in the consent agenda the last meeting, and you
pulled it out and said to put it in the regular.
Vice Mayor Dawkins: And Commissioner Plummer pulled it. Commissioner Plummer pulled
it. I don't have a problem with that.
5 October 27, 1994
Commissioner Plummer: Regular 41.
Vice Mayor Dawkins: OK.
Mr. Odio: Forty-one was in the consent agenda in the last meeting. You pulled it...
Vice Mayor Dawkins: All right. Twenty-five. Item 25, Mr. Manager.
Mayor Clark: Consent agenda?
Vice Mayor Dawkins: Yes, sir. Authorizing the City Manager to execute an amendment to the
existing agreement May the 23rd, in a form acceptable to the City Attorney with Arthur
Andersen and Company, thereby increasing the maximum compensation authorized by said
agreement not to exceed thirty-five thousand dollars. We're doing the same thing in 41.
Mr. Odio: But the rules are that when you pull a consent agenda item, then they have to come
back on the regular agenda, and not in the consent the next meeting.
Vice Mayor Dawkins: OK. All right. OK. I have no problem with that. I just want us to
remember when we get to 41.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. That's all.
Mayor Clark: OK. Is there any other discussion on the consent agenda?
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: I would want, and I might be making a mistake now, but... because
I've redone my... I want items 6, 13, 20, 24, 29 and 38 pulled.
Mr. Odio: That's in the consent?
Commissioner Plummer: Consent, yes, sir.
Mr. Odio: Six...
Commissioner Plummer: And I don't know which of those, now. I'll have to go back.
Vice Mayor Dawkins: Hold it. You want 6... What else, J.L.?
Commissioner Plummer: Six, 13, 20, 24, 29 and 38.
Vice Mayor Dawkins: Six, 13...
Mayor Clark: Twenty-four, 29...
Vice Mayor Dawkins: Thirteen, 24 and 29?
Commissioner Plummer: Six, 13, 20, 24, 29, and 38. 1 think the others have already been
pulled.
6 October 27, 1994
Mayor Clark: You want those to go over to the next meeting?
Commissioner Plummer: Yes, sir, to the next agenda, please.
Mayor Clark: Regular agenda?
Commissioner Plummer: Yes, sir.
Mayor Clark: You got all that, Madam Clerk?
Commissioner Plummer: Now, are you pulling 25 on consent?
Mayor Clark: No. No, he's not pulling 25. He just wants us to remember when it comes up on
the record.
Commissioner Plummer: OK. Well, I have a question, Mr. Manager, Mr. Mayor, if I could.
Mayor Clark: Yes.
Commissioner Plummer: What is it for? It doesn't tell us why. What work are they doing?
Mr. Odio: He pulled the whole agenda out.
Commissioner Plummer: What are they doing in 25 to get an increase in the amount of money,
Mr. Manager? It doesn't say for what they're... What work are they doing?
Mr. Odio: This is the work that these... These consultants were hired to do a study about the
hotels, the hotel in Little Havana and Overtown, and when we met with them, we needed to
continue on, to see if we could develop an... instead of a hotel, an apartment building in Little
Havana, and the hotel in Overtown. So we needed to increase the fees.
Commissioner Plummer: OK. That's fine. I didn't know what it was for. All right. Now...
Mayor Clark: OK. Any further discussion?
Commissioner Plummer: Before you take your vote, Mr. Mayor, may I please go back? On
item 6, just for the record, this is the Jailhouse Ministries. Mr. City Attorney, is this the item that
I had previously asked you about, church and state separation, and was told that this could not
be... a scenario where we could not contribute to a religious organization?
Mr. Jones: I'm not sure. Let me see. Regular 6?
Commissioner Plummer: I think that's what I asked you before.
Mr. Jones: Well, you asked me... You asked me on two separate occasions. I don't know which
one it is.
Commissioner Plummer: OK.
Mr. Jones: Let me take a look at it.
Mayor Clark: I don't believe, Mr. Plummer, this is classified as a religious organization.
7 October 27, 1994
Commissioner Plummer: Well, "Ministries" does indicate that it is.
Mr. Jones: Which one was it, Quest?
Unidentified Speaker: Quest.
Mr. Jones: Yeah, yeah. What happened... Yeah, yeah. That particular...
Mr. Odio: (off mike)
Commissioner Plummer: Go ahead.
Mr. Jones: Yes. I responded to you in writing, upon your request, as to whether there was an
establishment clause impediment, and, of course, I concluded after the research, because of the
curriculum that's included within that program, that it does violate the principle of separation of
church and state, and accordingly, you would be forbidden as a public entity from contributing
any funds, because it does not have any secular purpose.
Commissioner Plummer: Well, you know, here again, I don't want it to be said that I'm anti -
church, but I do want it to be said that I am pro -legal. And I'm questioning why this thing
appears on an agenda again, when it was pulled for that reason before.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: Excuse me. Maybe... OK. Doesn't the City Attorney go over these
items before they go to the agenda?
Mr. Jones: I don't place items on the agenda.
Commissioner Plummer: No, no, I mean, don't you go over them?
Mr. Jones: Of course, I go through them in my review, absolutely.
Commissioner Plummer: OK. All right. So, in other words, you're saying that in 6, it cannot
be. Is that correct?
Mr. Jones: What are you talking about, Commissioner Plummer? The consent agenda...
Mr. Odio: We have given monies to church organizations to develop housing.
Commissioner Plummer: Well...
Mr. Odio: And what we're doing is, we're paying these people to go in there and help us with
drug rehabilitation programs. And this has nothing to do with the church, and they're not going
there to preach. They're going to... drug rehabilitation programs.
Mayor Clark: Leave it alone. Let's go on with it. Don't...
Commissioner Plummer: All right. Thirty-eight.
Mr. Odio: Commissioner, you're pulling out...
Vice Mayor Dawkins: CA-13.
8 October 27, 1994
IN
Mr. Odio: ... CA-13, which is the ammunition for the Glocks. So, I don't know...
Mayor Clark. What item is that, Mr. Manager?
Commissioner Plummer: Thirteen.
Mr. Odio: CA-13. That's the ammunition for the .40 caliber Glock.
Commissioner Plummer: Hold that until this afternoon. I can bring it back this afternoon.
Mr. Jones: OK.
Commissioner Plummer: I'm sorry, Mr. Mayor. I am confused, and I admit that I'm confused
by virtue of this document I got here this morning. I pulled items that I thought were consent
agenda items, and they're now being told to me they're regular items. I did not intend to pull 38.
Mayor Clark: All right. Well, we'll just forget about it.
Commissioner Plummer. So put that back in, please. Thirteen, on the ammunition, I would
want to find out more on that scenario.
Mayor Clark: That's the other one you're pulling then, right, 13?
Commissioner Plummer: I'm pulling 13 for sure. Six has to be pulled.
Mayor Clark: No, it doesn't.
Commissioner Plummer: Mr. City Attorney?
Mr. Jones: No. You specifically asked me about Quest. This is a different...
Commissioner Plummer: OK.
Mr. Jones: It appears this is a different matter.
Commissioner Plummer: I'm asking you about this one here.
Mr. Jones: There's no problem. If there were...
Commissioner Plummer: Then put 6 back in.
Vice Mayor Dawkins: Mr. Manager.
Commissioner Plummer: Thirteen for sure.
Vice Mayor Dawkins: Mr. Manager.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Is it any way that we can suggest that we take this proposal and put it in
with our... with the money that's coming from the Government for prevention of crime, and fund
it under the prevention that we're going to get, rather than go through a hassle here, sir?
Mayor Clark: There's no hassle now.
9 October 27, 1994
Mr. Odio: Well, this is really...
Mayor Clark: There's no hassle now.
Mr. Odio: This is really free money, Commissioner. This is the drug monies that we're using.
And it's earmarked for drug rehabilitation.
Mayor Clark: There's no hassle. He's not going to withdraw it.
Vice Mayor Dawkins: OK. Co right ahead, Mr. Mayor.
Mayor Clark: You're not going to withdraw it. OK.
Commissioner Plummer: All right. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Then I will tell you where I'm at presently, located now is 13, 20, 24,
and 29. That's the ones I want pulled.
Mayor Clark: Any discussion on those?
Commissioner Plummer: Sir, the discussion, if you want it...
Mayor Clark: Don't need it. Don't need it. Just asking if there are other persons.
Commissioner Plummer: Twenty-nine, for example, I think this is the same organization that we
had a problem with before about flags on Biscayne Boulevard. Am I correct? Does anybody
know?
Mr. Odio: No. We didn't have any problem with them.
Commissioner Plummer: Huh?
Mr. Odio: We didn't have any problem with them.
Commissioner Plummer: One of the flags was Cuba.
Mr. Odio: We did not have a problem with them.
Commissioner Plummer: Then this is not the Kiwanis?
Unidentified Speaker: Yeah, this is Kiwanis.
Mr. Odio: They didn't do this prior. They have not done this.
Commissioner Plummer: This was not before us before?
Mr. Odio: No, sir. The one that you're talking about, the flags ended up looking very pretty, by
the way, in Ponce de Leon, because we turned them down.
Commissioner Plummer: Yeah, but you want a Cuban flag on Biscayne Boulevard?
10 October 27, 1994
Mr. Odio: Why not? It is my flag, and the American flag also. So.
Commissioner Plummer: No, no, no. I'm talking about the Cuban flag that was anti, going to be
distributed.
Mr. Odio: I don't know... I don't know what you're talking...
Commissioner Plummer: OK. If this is not the same group, then I'll take 29 off.
Mr. Odio: No.
Commissioner Plummer: OK.
Mayor Clark: All right. Twenty-nine is off. How about... 38, you've taken off, too.
Commissioner Plummer: No. Thirty-eight, I put back on, sir. I'm down to three, right now, and
I'll stop there and ask that 13, 20 and 24 be pulled for the next agenda.
Mayor Clark: All right. There's no further requests?
Commissioner Plummer: And I apologize, Mr. Mayor, for my being incorrect.
Mayor Clark: No, that's not... no problem.
Commissioner Plummer: No, Mr. Mayor, what I'm saying...
Mayor Clark: Yeah.
Commissioner Plummer: ... if this would have shown here, the items of consent that were
pulled, and the items of regular, it would have been a lot easier.
Mayor Clark: She made a mistake.
Commissioner Plummer: Yeah. Fine. Hey, I'm not...
Mayor Clark: All right. There's a motion for the rest of theM to be passed. Does anyone in the
public want to discuss these items?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: I said I'd talk about it this afternoon. All right? Now, you don't want
to talk about it, the hell with it. I'll put it over.
Mayor Clark: Everything with the exception...
Commissioner Plummer: I move the consent agenda, sir.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: Any exception? Hearing no exception, cast a unanimous ballot with those
present, Madam Clerk.
11 October 27, 1994
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WA TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA,
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
VICE MAYOR DAWKINS, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYES: None.
ABSENT: None.
2.1 ALLOCATE $18,000 FROM CIVIL SERVICE OFFICE FY'94-95 BUDGETED
FUNDS -- FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL FOR
THE CIVIL SERVICE BOARD.
RESOLUTION NO. 94-721
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM THE FY '94-95 BUDGETED FUNDS OF THE CIVIL
SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE CIVIL
SERVICE BOARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2 ALLOCATE $18,000 FROM NUISANCE ABATEMENT BOARD FY'94-95
BUDGETED FUNDS -- FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL FOR THE NUISANCE ABATEMENT BOARD.
RESOLUTION NO.94-722
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM FISCAL YEAR 1994-1995 BUDGETED FUNDS OF
THE NUISANCE ABATEMENT BOARD FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR THE NUISANCE
ABATEMENT BOARD.
12 October 27, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3 AUTHORIZE PAYMENT OF $9,658.66 TO WEISS SEROTA AND HELFMAN --
FOR LEGAL SERVICES RENDERED IN CONNECTION WITH PROPOSED
AGREEMENT BETWEEN THE CITY AND SANITATION EMPLOYEES'
ASSOCIATION (SEA) REGARDING GARBAGE AND TRASH COLLECTION
SERVICES -- ALLOCATE FUNDS.
RESOLUTION NO. 94-723
A RESOLUTION AUTHORIZING PAYMENT, IN THE AMOUNT OF
$9,658.66, TO THE LAW FIRM OF WEISS SEROTA AND HELFMAN,
P.A., FOR LEGAL SERVICES RENDERED IN CONNECTION WITH
THE PROPOSED AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE SANITATION EMPLOYEES' ASSOCIATION (SEA)
REGARDING GARBAGE AND TRASH COLLECTION SERVICES;
ALLOCATING FUNDS THEREFOR FROM THE GENERAL
SERVICES ADMINISTRATION/SOLID WASTE DEPARTMENT
BUDGET, ACCOUNT NO. 421301-722-422001.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4 AUTHORIZE FUNDING IN SUPPORT OF AGAPE'S WOMEN'S HOME OF THE
SOUTH FLORIDA JAIL MINISTRIES -- ALLOCATE $17,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-724
A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS
IN SUPPORT OF THE AGAPE'S WOMEN'S HOME, OF THE SOUTH
FLORIDA JAIL MINISTRIES, AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $17,000, FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 Ocinher 27. 199d
e"i
2.5 AUTHORIZE FUNDING OF THE BOYS AND GIRLS CLUB OF MIAMI'S POP
WARNER FOOTBALL PROGRAM -- ALLOCATE $5,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-725
A RESOLUTION AUTHORIZING THE FUNDING OF THE BOYS
AND GIRLS CLUB OF MIAMI'S "POP WARNER FOOTBALL
PROGRAM," IN AN AMOUNT NOT TO EXCEED $5,000 AND
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 ACCEPT BID: REXTONE, INC. -- FOR FURNISHING PAINT / PAINT SUPPLIES
FOR COMMUNITY DEVELOPMENT DEPARTMENT ON CONTRACT BASIS --
ALLOCATE $45,000 ANNUALLY -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
RESOLUTION NO.94-726
A RESOLUTION ACCEPTING THE BID OF REXTONE, INC., FOR
THE FURNISHING OF PAINT AND PAINT SUPPLIES FOR THE
DEPARTMENT OF COMMUNITY DEVELOPMENT, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT
A TOTAL PROPOSED ANNUAL COST OF $45,000.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
COMMUNITY DEVELOPMENT 11TH YEAR, ACCOUNT CODE NO.
451149-799209 FOR $10,500, AND 20TH YEAR ACCOUNT CODE
NO. 452049-799209 FOR $34,500; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION, AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
14 October 27, 1994
Im
2.7 ACCEPT BID: SOVEREIGN CONSTRUCTION -- FOR FURNISHING /
INSTALLATION OF A COUNTER AT DINNER KEY MARINA, FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS & PUBLIC FACILITIES --
ALLOCATE $7,600.
RESOLUTION NO. 94-727
A RESOLUTION ACCEPTING THE BID OF SOVEREIGN
CONSTRUCTION FOR THE FURNISHING AND INSTALLATION OF
A COUNTER AT DINNER KEY MARINA, IN A TOTAL PROPOSED
AMOUNT OF $7,600.00, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
350506-840, PROJECT NO. 414000; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.8 ACCEPT BID: MR. CLEAN RELIABLE SERVICE, INC. -- FOR FURNISHING
CUSTODIAL MAINTENANCE SERVICES AT THE DON HICKMAN
ADMINISTRATION BUILDING, ON CONTRACT BASIS -- ALLOCATE $41,220
ANNUALLY -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO.94-728
A RESOLUTION ACCEPTING THE BID OF MR. CLEAN RELIABLE
SERVICE, INC., FOR THE FURNISHING OF CUSTODIAL
MAINTENANCE SERVICES AT THE DON HICKMAN
ADMINISTRATION BUILDING, ON A CONTRACT BASIS FOR ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED AMOUNT OF
$41,220.00 ANNUALLY, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE; ALLOCATING
FUNDS THEREFOR FROM THE FY'94-95 OPERATING BUDGET,
ACCOUNT CODE NO. 421001-340, 513000; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE,
AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, AT THE SAME PRICE,
TERMS, AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 October 27, 1994
W
2.9 ACCEPT BID: DIAMOND NEON SUPPLY -- FOR PURCHASE OF A
COMPUTERIZED AUTOMATED ROUTING AND ENGRAVING SYSTEM, FOR
DEPARTMENT OF GSA & SOLID WASTE, PROPERTY MAINTENANCE
DIVISION -- ALLOCATE $21,059.64.
RESOLUTION NO. 94-729
A RESOLUTION ACCEPTING THE BID OF DIAMOND NEON
SUPPLY, FOR THE PURCHASE OF A COMPUTERIZED
AUTOMATED ROUTING AND ENGRAVING SYSTEM FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, PROPERTY MAINTENANCE DIVISION, AT A
TOTAL PROPOSED COST OF $21,059.64; ALLOCATING FUNDS
THEREFOR FROM THE FY '94-95 OPERATING BUDGET,
ACCOUNT CODE NO. 420401-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS UNIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.10 ACCEPT BID: ETCETERA SERVICES -- FOR FURNISHING CUSTODIAL
MAINTENANCE SERVICES AT FIVE CITY FACILITIES, FOR DEPARTMENT OF
GSA & SOLID WASTE / PROPERTY MAINTENANCE DIVISION, ON A
CONTRACT BASIS -- ALLOCATE $96,000 ANNUALLY -- EXTEND CONTRACT,
SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-730
A RESOLUTION ACCEPTING THE BID OF ETCETERA SERVICES
FOR THE FURNISHING OF CUSTODIAL MAINTENANCE
SERVICES AT FIVE (5) CITY FACILITIES, AS HEREIN SPECIFIED,
FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/PROPERTY
MAINTENANCE DIVISIONS, ON A CONTRACT BASIS FOR ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR PERIOD AT A TOTAL PROPOSED ANNUAL COST
OF $96,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 421001-340-513000; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND
THEREAFTER TO EXTEND 'PHIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
16 October 27, 1994
M
2.11 ACCEPT BID: I.D.A.S. -- FOR FURNISHING A COLOR PLOTTER, FOR
DEPARTMENT OF PLANNING, BUILDING, AND ZONING -- ALLOCATE $8,785.
RESOLUTION NO.94-731
A RESOLUTION ACCEPTING THE BID OF I.D.A.S. FOR THE
FURNISHING OF A COLOR PLOTTER AT A TOTAL PROPOSED
AMOUNT OF $8,785.00 FOR THE DEPARTMENT OF PLANNING,
BUILDING, AND ZONING; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NOS. 290201-270 ($505.00), 280401-670
($5,280.00), AND 560701-722 ($3,000.00); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12 ACCEPT BID: HOMESTEAD CONCRETE, INC. -- FOR S.E. 25TH ROAD PAVING
PROJECT B-4560 -- ALLOCATE $69,146 (CIP 341175), PLUS $16,122 TO COVER
ESTIMATED EXPENSES -- EXECUTE CONTRACT.
RESOLUTION NO.94-732
A RESOLUTION ACCEPTING THE BID OF HOMESTEAD
CONCRETE, INC. IN THE PROPOSED AMOUNT OF $69,146.00,
TOTAL BID OF THE PROPOSAL, FOR "S.E. 25TH ROAD PAVING
PROJECT B-4560"; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 341175, AS APPROPRIATED BY THE FISCAL YEAR
1993-1994 CAPITAL IMPROVEMENT ORDINANCE NO. 11139, AS
AMENDED, IN THE AMOUNT OF $69,146.00 TO COVER THE
CONTRACT COST AND $16,122.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $85,268.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
17 October 27, 1994
2.13 ACCEPT BID: MIRI CONSTRUCTION, INC. -- FOR EDISON STORM SEWER
REBUILDING (IMPACT FEE PROJECT), B-5614 -- ALLOCATE $47,652 (CIP
352290), PLUS $6,648 TO COVER ESTIMATED EXPENSES -- EXECUTE
CONTRACT.
RESOLUTION NO.94-733
A RESOLUTION ACCEPTING THE BID OF MIRI CONSTRUCTION,
INC. IN THE PROPOSED AMOUNT OF $47,652.00, TOTAL BID OF
THE PROPOSAL, FOR "EDISON STORM SEWER REBUILDING
(IMPACT FEE PROJECT), B-5614"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 352290 AS APPROPRIATED BY
THE 1993-1994 CAPITAL IMPROVEMENT ORDINANCE NO. 11139,
AS AMENDED, IN THE AMOUNT OF $47,652.00 TO COVER THE
CONTRACT COST AND $6,648.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $54,300.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.14 AUTHORIZE CONSTRUCTION OF A BASKETBALL COURT IN VIRRICK PARK,
FOR DEPARTMENT OF PARKS & RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95) -- BY AGILE COURTS CONSTRUCTION
COMPANY -- ALLOCATE $26,887 (CIP 331316).
RESOLUTION NO. 94-734
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A
BASKETBALL COURT IN VIRRICK PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION, UNDER AN
EXISTING DADE COUNTY CONTRACT NO. 1153-0/95, BY AGILE
COURTS CONSTRUCTION COMPANY AT A TOTAL PROPOSED
AMOUNT OF $26,887; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO.
589301-830, PROJECT NO. 331316; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
18 October 27, 1994
2.15 AUTHORIZE RESURFACING OF A BASKETBALL COURT IN EATON PARK,
FOR DEPARTMENT OF PARKS & RECREATION (UNDER EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95) -- BY AGILE COURTS CONSTRUCTION
COMPANY -- ALLOCATE $11,694 (CIP 331361).
RESOLUTION NO.94-735
A RESOLUTION AUTHORIZING THE RESURFACING OF A
BASKETBALL COURT IN EATON PARK FOR THE DEPARTMENT
OF PARKS AND RECREATION, UNDER AN EXISTING DADE
COUNTY CONTRACT NO. 1153-0/95, BY AGILE COURTS
CONSTRUCTION COMPANY AT A TOTAL PROPOSED AMOUNT
OF $11,694; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT, ACCOUNT CODE NO. 589301-860,
PROJECT NO. 331361; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.16 AUTHORIZE RESURFACING OF FIVE TENNIS AND BASKETBALL COURTS IN
GIBSON PARK, FOR DEPARTMENT OF PARKS & RECREATION (UNDER
EXISTING DADE COUNTY CONTRACT NO. 1153-0/95) -- BY AGILE COURTS
CONSTRUCTION -- ALLOCATE $16,863 (CIP 331341).
RESOLUTION NO.94-736
A RESOLUTION AUTHORIZING THE RESURFACING OF FIVE
TENNIS AND BASKETBALL COURTS IN GIBSON PARK FOR THE
DEPARTMENT OF PARKS AND RECREATION, UNDER AN
EXISTING DADE COUNTY CONTRACT NO. 1153-0/95, BY AGILE
COURTS CONSTRUCTION COMPANY AT A TOTAL PROPOSED
AMOUNT OF $16,863; ALLOCATING FUNDS THEREFOR FROM
CAPITAL IMPROVEMENT PROJECT, ACCOUNT CODE NO.
589301-860, PROJECT NO. 331341; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
19 Octoher 17 1 Una
SOL
2.17 APPROVE PURCHASE OF FOUR JACOBSEN #2015 UTILITY TRUCKS (UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 070-840-94-1) -- FROM
TRESCA, INC., FOR DEPARTMENT OF PARKS & RECREATION -- ALLOCATE
$25,224 (CIP 331370).
RESOLUTION NO.94-737
A RESOLUTION APPROVING THE PURCHASE OF FOUR (4)
JACOBSEN #2015 UTILITY TRUCKS, UNDER AN EXISTING
STATE OF FLORIDA, CONTRACT NO. 070-840-94-1, FROM
TRESCA, INC., IN A PROPOSED AMOUNT OF $25,224.00 FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFOR FROM PARKS AND RECREATION
OPERATIONAL EQUIPMENT ACCOUNT CODE NO. 429901-850,
PROJECT NO. 331370; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.18 AUTHORIZE PURCHASE OF EIGHT HECKENDORN RIDING LAWN MOWERS
(UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 515-630-94-1) -- FROM
HECKENDORN EQUIPMENT COMPANY OF KANSAS, INC., FOR DEPARTMENT
OF PARKS & RECREATION -- ALLOCATE $35,000.
RESOLUTION NO. 94-738
A RESOLUTION AUTHORIZING THE PURCHASE OF EIGHT (8)
HECKENDORN RIDING LAWN MOWERS, AT A TOTAL
PROPOSED AMOUNT OF $35,000.00, UNDER AN EXISTING STATE
OF FLORIDA CONTRACT NO. 515-630-94-1 FROM HECKENDORN
EQUIPMENT COMPANY OF KANSAS, INC., FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 4299091-850-
331370; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
20 October 27, 1994
2.19 AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT TO AGREEMENT
(DATED MAY 23, 1994) WITH ARTHUR ANDERSEN AND COMPANY, THEREBY
INCREASING AUTHORIZED MAXIMUM COMPENSATION (PURSUANT TO
RESOLUTION 94-354) -- ALLOCATE $35,000.
RESOLUTION NO. 94-739
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT
DATED MAY 23, 1994, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH ARTHUR ANDERSEN AND COMPANY,
THEREBY INCREASING THE MAXIMUM COMPENSATION
AUTHORIZED BY SAID AGREEMENT, PURSUANT TO
RESOLUTION NO. 94-354, IN AN AMOUNT NOT TO EXCEED
$35,000; ALLOCATING FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.20 AMEND RESOLUTION 94-622, WHICH AUTHORIZED CITY MANAGER TO
NEGOTIATE / ENTER INTO LEASE AGREEMENT WITH BEACON PROPERTY
MANAGEMENT CORPORATION, DB/A BEACON MANAGEMENT COMPANY
OF MASSACHUSETTS LIMITED PARTNERSHIP, AGENT FOR CRUZ
DEVELOPMENT & ASSOCIATES, LTD. -- FOR CITY'S USE OF ROOFTOP SPACE
AND AN INTERIOR EQUIPMENT ROOM FOR CITY -OWNED
COMMUNICATIONS EQUIPMENT IN BISCAYNE VIEW APARTMENT
BUILDING (915 N.W. 1 AVENUE), FOR 15 YEARS, WITH OPTIONAL 5-YEAR
EXTENSION -- ALLOCATE FUNDS, THEREBY INCREASING ANNUAL RENT TO
$4,400.
RESOLUTION NO.94-740
A RESOLUTION AMENDING RESOLUTION 94-622, ADOPTED
SEPTEMBER 8, 1994, WHICH AUTHORIZED THE CITY MANAGER
TO NEGOTIATE AND ENTER INTO A LEASE AGREEMENT
("LEASE") IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH BEACON PROPERTY MANAGEMENT CORPORATION,
D/B/A BEACON MANAGEMENT COMPANY OF MASSACHUSETTS
LIMITED PARTNERSHIP, AGENT FOR CRUZ DEVELOPMENT &
ASSOCIATES, LTD., FOR THE CITY'S USE OF ROOFTOP SPACE
AND AN INTERIOR EQUIPMENT ROOM FOR CITY -OWNED
COMMUNICATIONS EQUIPMENT IN THE BISCAYNE VIEW
APARTMENT BUILDING, LOCATED AT 915 NORTHWEST 1
AVENUE, MIAMI, FLORIDA, FOR A FIFTEEN (15) YEAR PERIOD,
WITH A FIVE (5) YEAR EXTENSION AT THE CITY'S OPTION, AT
AN ANNUAL RENT OF ONE DOLLAR ($1.00); ALLOCATING
FUNDS THEREFOR FROM ACCOUNT NUMBER 420601-620;
THEREBY INCREASING THE ANNUAL RENT TO FOUR
THOUSAND, FOUR HUNDRED DOLLARS ($4,400.00) AND
ALLOCATING FUNDING FROM THE SAME ACCOUNT NUMBER.
21 October 27, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.21 AUTHORIZE CITY MANAGER TO EXECUTE TEMPORARY CONSTRUCTION
EASEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (DOT) --
FOR USE OF CITY -OWNED PROPERTY ON WATSON ISLAND AS A STAGING
AREA FOR BRIDGE GIRDERS, CONTRETE BRIDGE SEGMENTS AND OTHER
WORK RELATED TO CONSTRUCTION OF MACARTHUR CAUSEWAY HIGH
LEVEL BRIDGE AND APPROACHES.
RESOLUTION NO.94-741
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE A TEMPORARY CONSTRUCTION
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR USE
OF CITY -OWNED PROPERTY ON WATSON ISLAND (MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF) AS A STAGING AREA
FOR BRIDGE GIRDERS, CONCRETE BRIDGE SEGMENTS AND
OTHER WORK RELATED TO THE CONSTRUCTION OF THE
MacARTHUR CAUSEWAY HIGH LEVEL BRIDGE AND
APPROACHES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.22 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. -- FOR PURPOSE
OF REHABILITATING NINE BUSINESSES, IN ACCORDANCE WITH THE
COMMERCIAL FACADE TREATMENT PROGRAM -- ALLOCATE $12,600 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COMMERCIAL
FACADE REVITALIZATION PROGRAM FUNDS.
RESOLUTION NO.94-742
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH ALLAPATTAH
BUSINESS DEVELOPMENT AUTHORITY, INC. FOR THE PURPOSE
OF REHABILITATING NINE (9) BUSINESSES, WITH THE
CONTRIBUTION TO EACH PARTICIPATING BUSINESS FROM
THE CITY OF MIAMI BEING DESIGNATED AT A LEVEL OF 70%
OR NOT EXCEEDING A MAXIMUM OF $1,400.00 AND FROM
EACH PARTICIPATING BUSINESS AT A LEVEL OF 30% OR NOT
EXCEEDING A MAXIMUM OF $600.00, IN ACCORDANCE WITH
THE COMMERCIAL FACADE TREATMENT PROGRAM AND
ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF TWELVE
THOUSAND SIX HUNDRED DOLLARS ($12,600.00), FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL
FACADE REVITALIZATION PROGRAM FUNDS.
22 October 27, 1994
ej NMN
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.23 APPROVE PROGRAM: THE AMERICAS MILE, WHICH WILL INCLUDE
INSTALLATION / MAINTENANCE OF ALUMINUM SEALS ON STREET LIGHT
POLES LOCATED ALONG RIGHTS -OF -WAY IN THE DOWNTOWN BUSINESS
DISTRICT -- APPROVE COUNTRIES AND OTHER PLACES TO BE RECOGNIZED
BY AN ALUMINUM SEAL -- EXECUTE AGREEMENT WITH KIWANIS CLUB OF
THE AMERICAS "KIWANIS"', TO IMPLEMENT SAID PROGRAM.
RESOLUTION NO. 94-743
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE
PROGRAM TO BE KNOWN AS "THE AMERICAS MILE" WHICH
WILL INCLUDE THE INSTALLATION AND MAINTENANCE OF
ALUMINUM SEALS ON STREET LIGHT POLES LOCATED ALONG
THE RIGHTS -OF -WAY IN THE DOWNTOWN BUSINESS DISTRICT,
MIAMI, FLORIDA; APPROVING THE COUNTRIES AND OTHER
PLACES TO BE RECOGNIZED BY AN ALUMINUM SEAL;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH KIWANIS CLUB OF THE AMERICAS "KIWANIS", TO
IMPLEMENT SAID PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.24 AUTHORIZE CITY MANAGER TO ISSUE INVITATION FOR BIDS FOR SALE OF
CITY -OWNED PROPERTY AT 185 N.E. 82 TERRACE.
RESOLUTION NO. 94-744
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE
AN INVITATION FOR BIDS FOR THE SALE OF THE CITY -OWNED
PROPERTY LOCATED AT 185 NORTHEAST 82ND TERRACE,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED AS THE
SOUTH HALF OF LOTS 14 AND 15, AND ALL OF LOTS 16 AND 17,
BLOCK 5, ROYAL PALM GARDENS, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 71, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO
APPLICABLE CITY CHARTER AND CODE PROVISIONS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
23 October 27, 1994
2.25 RESCIND RESOLUTION 92-565, WHEREBY BID OF LEADEX CORPORATION
WAS ACCEPTED FOR PROJECT: DORSEY PARK RECREATION AND
REHABILITATION BUILDING B-6201-A -- AUTHORIZE MANAGER TO
NULLIFY CONTRACT WITH LEADEX CORPORATION FOR SAID PROJECT,
AND REJECT ALL BIDS -- DIRECT MANAGER TO SEEK NEW BIDS AND TO
BRING THEM BACK TO THE COMMISSION FOR REVIEW / APPROVAL.
RESOLUTION NO. 94-745
A RESOLUTION RESCINDING RESOLUTION NO. 92-565,
ADOPTED SEPTEMBER 24, 1992, WHEREBY THE BID OF LEADEX
CORPORATION, WAS ACCEPTED FOR THE PROJECT ENTITLED
"DORSEY PARK RECREATION AND REHABILITATION
BUILDING B-6201-A (THE "PROJECT")"; AUTHORIZING THE CITY
MANAGER TO NULLIFY THE CONTRACT BETWEEN THE CITY
OF MIAMI AND LEADEX CORPORATION FOR SAID PROJECT,
AND REJECTING ALL BIDS RECEIVED BY THE CITY IN
CONNECTION WITH SAID PROJECT; FURTHER, DIRECTING THE
CITY MANAGER TO SEEK NEW BIDS BASED ON SUCH
SPECIFICATIONS AS HE DEEMS APPROPRIATE AND TO BRING
BACK SAID BIDS TO THE CITY COMMISSION FOR REVIEW AND
APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.26 CLAIM SETTLEMENT: TARIQ RIAZ ($50,000).
RESOLUTION NO. 94-746
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO TARIQ RIAZ, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF $50,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY
OF MIAMI, IN CIVIL SERVICE BOARD CASE NO. 91-10G, UPON
THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS,
AND ALLOCATING FUNDS THEREFOR FROM THE SPECIAL
PROGRAMS AND ACCOUNTS FUND (MISCELLANEOUS
LIABILITY), ACCOUNT NO. 921002659.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.27 DESIGNATE AMMAN, JORDAN, AS A SISTER CITY OF THE CITY OF MIAMI.
RESOLUTION NO. 94-747
A RESOLUTION DESIGNATING THE CITY OF AMMAN, JORDAN,
AS A "SISTER CITY" OF THE CITY OF MIAMI, FLORIDA.
24 October 27, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.28 AMEND RESOLUTION 94-487, WHICH ACCEPTED DONATION OF VACANT
REAL PROPERTY AT 1405 N.W. 61 STREET -- TO BE USED FOR EXPANSION OF
AFRICAN SQUARE PARK, THEREBY INCREASING ALLOCATION BY $26,000,
FOR A TOTAL OF $38,000.
RESOLUTION NO. 94-748
A RESOLUTION AMENDING SECTION 3 OF RESOLUTION 94-487,
ADOPTED JULY 14, 1994, WHICH ACCEPTED THE DONATION OF
VACANT REAL PROPERTY LOCATED AT 1405 NORTHWEST 61
STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
AS LOTS 27 AND 28, BLOCK 10, ORANGE HEIGHTS, AS
RECORDED IN PLAT BOOK 14, PAGE 62 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, TO BE USED FOR THE
EXPANSION OF AFRICAN SQUARE PARK; THEREBY
INCREASING THE ALLOCATION BY $26,000 FOR A TOTAL
ALLOCATION OF $38,000.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.29 ACCEPT PLAT: SILVER BLUFF BAY.
RESOLUTION NO. 94-749
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED "SILVER BLUFF BAY", A SUBDIVISION IN THE CITY
OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
25 October 27, 1994
2.30 ACCEPT PROPOSAL OF BOOTH RESEARCH GROUP, INC. -- TO DEVELOP /
IMPLEMENT A CUSTOMIZED WRITTEN EXAMINATION AND JOB
SIMULATION EXERCISES PROCESS FOR THE CLASSIFCATION OF POLICE
LIEUTENANT -- ALLOCATE $50,238 -- EXECUTE AGREEMENT.
l��Y�1i1i�11�i��` • '-�1.7�7
A RESOLUTION, WITH ATTACHMENT(S), ACCEPTING THE
PROPOSAL OF BOOTH RESEARCH GROUP, INC., TO DEVELOP
AND IMPLEMENT A CUSTOMIZED WRITTEN EXAMINATION
AND JOB SIMULATION EXERCISES PROCESS FOR THE
CLASSIFICATION OF POLICE LIEUTENANT, AT A TOTAL
PROPOSED AMOUNT NOT TO EXCEED $50,238.00; ALLOCATING
FUNDS THEREFOR FROM THE CITY OF MIAMI POLICE
DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE
NO. 290201-270; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BOOTH RESEARCH GROUP, INC., FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.31 AUTHORIZE CITY MANAGER TO EXECUTE 5-YEAR LEASE AGREEMENT
WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA (COMMENCING JULY 26, 1994) -- FOR USE
OF SOVEREIGN SUBMERGED LAND FOR CONSTRUCTION / OPERATION OF A
MARGINAL DOCK TO BE USED IN CONJUNCTION WITH FORT DALLAS
PARK -- LEASE FEES TO BE WAIVED.
RESOLUTION NO.94-751
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA, FOR THE USE OF SOVEREIGN
SUBMERGED LAND, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF,
FOR THE CONSTRUCTION AND OPERATION OF A MARGINAL
DOCK TO BE USED IN CONJUNCTION WITH FORT DALLAS
PARK; SAID LEASE SHALL BE FOR AN INITIAL FIVE YEAR
TERM COMMENCING JULY 26, 1994 WITH SAID LEASE FEES
BEING WAIVED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
26 October 27, 1994
ON
2.32 ALLOCATE $25,000 IN SUPPORT OF THE BIG ORANGE NEW YEAR'S EVE
CELEBRATION -- EXECUTE AGREEMENT WITH THE GREATER MIAMI HOST
COMMITTEE.
RESOLUTION NO.94-752
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$25,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT
CODE NO, 580331-690-195001, IN SUPPORT OF THE BIG ORANGE
NEW YEAR'S EVE CELEBRATION HELD IN THE CITY OF MIAMI,
SPONSORED BY THE GREATER MIAMI HOST COMMITTEE;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE GREATER MIAMI HOST COMMITTEE
FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.33 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH JEFFREY
GLICK -- FOR CREATION OF 39 ART PIECES TO BE PRESENTED TO HEADS OF
GOVERNMENT ATTENDING THE SUMMIT OF THE AMERICAS 1994 --
ALLOCATE $15,500.
RESOLUTION NO. 94-753
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH JEFFREY GLICK, IN THE AMOUNT OF
$15,500 FOR THE CREATION OF THIRTY-NINE (39) ART PIECES
TO BE PRESENTED TO THE HEADS OF GOVERNMENT
ATTENDING THE SUMMIT OF THE AMERICAS 1994;
ALLOCATING FUNDS THEREFOR FROM THE METRO-DADE
TOURIST BED TAX FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
3. DISCUSSION CONCERNING TAX ANTICIPATION NOTES, SERIES 1994.
[Note: Previously discussed at Commission meeting of September 22, 1994.]
Commissioner Plummer: Now, we go to the regular agenda. OK.
Vice Mayor Dawkins: We're on the regular agenda now.
Mayor Clark: Yes, sir.
Commissioner Plummer: You can go spend the money, now.
27 October 27, 1994
Mayor Clark: Item number 2.
Vice Mayor Dawkins: Item number 2.
Commissioner Plummer: That was Miller's.
Vice Mayor Dawkins: OK. I don't intend to change anything, but, Mr. Manager, what are
TANs (Tax Anticipation Notes)?
Mr. Cesar Odio (City Manager): These are tax anticipation notes. We expect to receive every
year so many dollars in tax monies. Since the bills go out, when the bills go out, it takes about
four months to begin to collect monies. So by...
Vice Mayor Dawkins: Twelve months?
Mayor Clark: Four months...
Mr. Odio: Four months.
Mayor Clark: ... before we start to collect money.
Mr. Odio: So we need the money...
Vice Mayor Dawkins: OK. So therefore...
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: So therefore, we need money... All right. What date do we collect the
money from the County?
Mr. Odio: They begin to come in late November and December.
Vice Mayor Dawkins: All right. Let's say December. OK? Four months back from December
is what, October?
Mr. Odio: October.
Vice Mayor Dawkins: October. So you mean to... And we are selling twenty-five million
dollars worth of TANS?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: So we need... So we are short, to run the City from October through
December, twenty-five million dollars is enough, the TANs we need to run the City?
Mr. Odio: Yes. That's it, yes, sir. Because...
Vice Mayor Dawkins: OK. All right. Wait now, wait.
Mr. Odio: Yeah.
Vice Mayor Dawkins: So therefore, on December the 25th... December 31st, we receive twenty-
five million dollars from the County in taxes. Do you repay the TANS then?
28 October 27, 1994
Mayor Clark: Yes, sir.
Mr. Odio: Yes, sir. They're paid during the year. They're...
Vice Mayor Dawkins: No, no, no.
Mr. Odio: They're paid back during the year.
Vice Mayor Dawkins: See, Mr. Manager... Mr. Mayor, they're not paid right then.
Mr. Odio: Yes, we pay them in September. We pay them off by September.
Vice Mayor Dawkins: By September of next year.
Mr. Odio: Yes.
Vice Mayor Dawkins: See. So therefore, you are use... And then next year, in September, you
borrow twenty-five more million.
Mr. Odio: Because what happens, Commissioner...
Vice Mayor Dawkins: So, see, I mean... No, no, no. What's happening is, we're playing
games. OK?
Mr. Odio: Yes, sir, but you're making money out of it.
Vice Mayor Dawkins: Well, if we're making money, why are we broke? Why is the City
broke?
Mr. Odio: The City is not broke, Commissioner. There is a difference between being broke...
Vice Mayor Dawkins: See, y'all keep... Every year, you sell these tax anticipated notes, and
every year, you tell me you pay them off and you make money, and I don't understand how.
And maybe, Mr. Mayor, somebody can explain it to me, how, between October and December
31, we're short twenty-five million dollars, and therefore, we have to sell twenty -million dollars
worth of TAN, anticipated notes, and then we sell them, and in December, when the money
comes from the County, we don't pay off the twenty-five million, we go through something here
until next September. And then next September, we sell twenty-five million more. I mean, it's a
joke.
Mayor Clark: Mr. Garcia.
Mr. Odio: We make a profit. We sold at four -fifty-five. We will have a net profit to the City
taxpayers of almost over two hundred thousand dollars this year, because of doing this.
Mayor Clark: Let me ask one question. Has this been a practice in the...
Mr. Odio: I think we... it's called arbitrage.
Mayor Clark: ... a practice in the past? It's been a practice for how many years? I don't know.
I just...
29 October 27, 1994
0;
Commissioner Plummer: Mr. Mayor, it's the same way that we have to give a loan to the DDA
(Downtown Development Authority), because they are cash short for the first part of that
scenario. But there's no question that we're making money off of the scenario. It's incredible.
Mayor Clark: Any further discussion?
Vice Mayor Dawkins: None whatsoever.
Mayor Clark: All right.
Commissioner Plummer: Move item 2, since there's no further...
Vice Mayor Dawkins: I did not, I did not bring it up for any vote. I brought it up for
clarification.
A. Quinn Jones, III, Esq. (City Attorney): Item 2 is already passed.
Vice Mayor Dawkins: That's right. There's nothing to...
Mr. Jones: In fact, the deal has already been completed.
Vice Mayor Dawkins: I just wanted clarification.
Commissioner Plummer: OK.
--------------------------------------------- --------------------------------------------- ----------------
4. BRIEF COMMENTS BY COMMISSIONER J.L. PLUMMER STATING THAT
HE HAD BEEN ABLE TO OBTAIN A LOAN OF $18,000,000 FROM THE
FLORIDA LEAGUE OF CITIES FOR LIABILITY SUITS AGAINST THE
CITY.
Mayor Clark: Item number 3.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Dawkins: I bring it up for no action.
Commissioner Plummer: Mr. Mayor, just for your information and my colleagues, I represented
you last week at Orlando for the Florida League of Cities, and we were successful in borrowing
eighteen million dollars for the liability suits against the City. The only problem is, after I
abstained from voting, to make sure that it was done, I came back, and I'm now chairman of that
committee. So I don't know that I did right but...
Mayor Clark: Well, you walked right into it.
Commissioner Plummer:... we got what you needed, sir, for the Florida League.
Mayor Clark: Thank you.
Commissioner Plummer: Cesar, by the way, I ' need to talk with you about the Orange Bowl
note.
30 October 27, 1994
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
5. DISCUSSION CONCERNING PENDING LAWSUIT IN CONNECTION WITH
THE ST. HUGH OAKS VILLAGE CONDOMINIUM PROJECT, INCLUDING
POSTPONING MARKETING / SALES OF CONDOMINIUM UNITS UNTIL
LEGAL ISSUES ARE RESOLVED -- COMMISSIONER GORT STATES
THAT HE WILL GET TOGETHER WITH VICE MAYOR DAWKINS IN
ORDER TO DRAW UP NECESSARY GUIDELINES IN CONNECTION
THEREWITH.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 3.
Vice Mayor Dawkins: Item number 3, Mr. Mayor, I asked that this be brought up, because I
need some clarification from the City Attorney.
Mayor Clark: Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Vice Mayor Dawkins: Mr. City Attorney, we have houses over there that we are building. It is
my understanding that the only thing that's being challenged in court is the sales price. Is that a
correct statement?
Mr. Jones: Well, it's that, and there are a whole list of constitutional allegations, based on equal
protection, race, that type of thing.
Vice Mayor Dawkins: OK.
Mr. Jones: Also, there is a... At the heart of the argument, they're saying that we violated the
comprehensive plan. And based on that, we have filed a motion to dismiss, because there is a
specific, specific provisions within the Florida Statutes that relate to comprehensive plans that
set forth the procedure that you must follow, if you're going to challenge a comprehensive plan.
Vice Mayor Dawkins: Mr. City Attorney, we have houses over there that are almost complete,
and either we're going to proceed to sell these houses, or we're going to let them sit there and get
vandalized, or we're going to have to hire guards to protect them, which is spending more
money. What is the procedure to get permission? Because the only thing, in my opinion, that's
challenged is the price of the units. So how do we proceed, and go ahead...
Commissioner Plummer: Go ahead anyhow.
Vice Mayor Dawkins: ... and say that the price will be whatever the Judge rules. If it's more
than a hundred and fifteen, that's what it is, if it's less than a hundred and fifteen, and go ahead
with the procedure...
Mr. Jones: Well, I think...
Vice Mayor Dawkins: ... so that when the time comes to sell the houses, we've got all of this
behind us, rather than starting from scratch.
31 October 27, 1994
Mr. Jones: Well, I think what you've got to do, whatever price, I mean, that's set, you've got to
disclose to potential buyers that there is pending litigation. I think to do otherwise would not be,
you know...
Vice Mayor Dawkins: But we could go ahead and proceed, as long as we do that.
Mr. Jones: Yeah.
Vice Mayor Dawkins: OK.
Mr. Jones: I just... I don't know who...
Mayor Clark: That's all he wanted to know.
Vice Mayor Dawkins: That's all.
Mr. Jones: ... what potential buyer would purchase, knowing that there is pending litigation,
until it's been concluded.
Vice Mayor Dawkins: Well, that's OK, but let's... Well, that's what I'd like to do, my fellow
Commissioners. Just proceed.
Commissioner Plummer: Well...
Vice Mayor Dawkins: Go ahead, J.L.
Commissioner Plummer: My question still comes back to the same thing as before. It was my
understanding that we were going to go to a lottery drawing, and predicated on that, so that there
would be no questions of who was favored or not favored, I would not want to proceed until that
matter has been established, which we have been told was going to be done, and at this point, to
my knowledge, has not been done.
Mayor Clark: Mr. Attorney.
Mr. Herb Bailey: We haven't done anything, because it was... We were advised that we should
stop. Everything that you've said and which you have approved to be done is in place to be
done, when we can do it.
Commissioner Plummer: Well, you know, from what I have read somewhere, the opinion of our
Legal Department was that this was a frivolous suit.
Mr. Jones: You know, that's true. That may be our opinion, but you never know what a court, a
Judge is going to do with it.
Commissioner Plummer: OK. But what I'm saying is, if it's a frivolous suit, and you don't feel
that it has great merit, then I don't know why you don't go ahead and proceed. Miller.
Vice Mayor Dawkins: That's what I'm saying. I'm saying the same thing.
Mayor Clark: All right. Fine.
Commissioner Plummer: But with... The caution, I think, is very well taken...
32 October 27, 1994
Mr. Jones: Yeah.
Commissioner Plummer:... that the City Attorney says that all people be put on notice that there
is pending litigation that could...
Commissioner Gort: Could change the whole thing.
Vice Mayor Dawkins: OK. Thank you.
Mayor Clark: All right. Fine, thank you.
Commissioner De Yurre: Mr. Mayor.
Vice Mayor Dawkins: No further discussion, Mr. Mayor.
Commissioner De Yurre: No, no, I do have some. Mr. Mayor, with this situation, you know,
I've never seen, in all the years that I've been practicing law, this kind of procedure when you're
developing property. You know, you put contracts out, even before those houses are built,
you've got buyers. And we've been going through a process where we're going to have houses
built that will be vandalized. I don't have any question about that, because we don't have the
wherewithal to get the people in there in time to protect these properties. If the price... If the
issue in court is whether it's a hundred and fifteen or less, you just notify the people, hey, you
may get a bonus out of this. The purchase price is one -fifteen, and it may be lowered, if the case
that's pending is won by the plaintiff. So it's not going to be any higher than one -fifteen. Those
who are interested in applying to purchase one of these homes, apply now. If there's more than
the twenty-two or whatever the amount is, then you go into a lottery. If there are less than
twenty-two, then you don't need a lottery, because everybody's got what they want, so there
isn't a surplus of buyers at the time.
Commissioner Plummer: Victor, there's another issue. If I recall, the other issue is about the
set -aside, is part of that lawsuit.
Mr. Jones: No.
Commissioner Plummer: That's not part of it?
Mr. Jones: No. That was not alleged in the...
Commissioner Plummer: Oh.
Vice Mayor Dawkins: No, sir. We can't do it, J.L. That's illegal.
Mayor Clark: OK.
Commissioner Plummer: Well, wasn't it alleged by virtue of the price that you were charging,
that you were discriminating against...
Mr. Jones: No.
Commissioner Plummer:... people who could not afford them?
Mr. Jones: No. There were two separate issues. You know, there were two separate issues.
The price issue was one, and then the second issue had to do with whether, in fact, there should
be "X" amount of the units set aside specifically for Coconut Grove, the black Grove residents.
33 October 27, 1994
Commissioner Plummer: Right.
Mr. Jones: But that particular allegation was not raised in the complaint.
Commissioner Plummer: OK.
Mayor Clark: All right. Anything further on that?
Vice Mayor Dawkins: No, sir. Thank you.
Commissioner De Yurre: Well, then, where are we going?
Commissioner Plummer: What is... May I ask, what is the deadline?
Commissioner De Yurre: What are we going to do?
Vice Mayor Dawkins: I make a motion that we proceed.
Commissioner Plummer: Well, we're going to tell them to proceed.
Commissioner Gort: As long as we disclose, I think we can proceed.
Mayor Clark: Motion to proceed?
Vice Mayor Dawkins: With the disclosure.
Commissioner De Yurre: To proceed.
Commissioner Plummer: All right, but let me make sure. What is... When are you going, I'm
assuming, to an advertising program? What is the deadline for people to get their qualifications
in? In other words, are we looking at Christmas Day having the drawing?
Mr. Bailey: You won't have it Christmas Day now, Commissioner, because we've been held up.
Commissioner Plummer: OK.
Mr. Bailey: We'll do it as soon as we can.
Commissioner Plummer: Give me... What would be the deadline for qualified buyers...
Vice Mayor Dawkins: Mr. Plummer, may I, may I? We can't set a date. We said whenever we
get the required number, we'll have the lottery.
Commissioner Plummer: No, that's not what I'm saying, Commissioner. What I'm saying is
that if you have more than the twenty-three, OK? And everybody has a fair shot by ninety days
of advertising to be in as a qualified buyer, and there are over twenty-three, there should be a
date where there is a deadline, and a date for the drawing of the lotto, or whatever you want to
call it. Not lotto.
Commissioner Gort: Miller, don't go away.
Mayor Clark: Mr. Gort. Yes.
34 October 27, 1994
Commissioner Gort: Miller. Miller?
Vice Mayor Dawkins: Yes? Go right ahead. I hear you.
Commissioner Gort: Since you're the president and I'm the secretary, I think we should go
ahead and have a meeting and set out the rules for the game. Then we'll bring it back to the
Commission.
Mayor Clark: All right. Thank you.
Commissioner De Yurre: But let's do it quickly, because the physical situation there is going to
deteriorate from the get -go.
Vice Mayor Dawkins: OK.
Commissioner Plummer: That's fine.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
6. AUTHORIZE PAYMENT OF ADDITIONAL FEES TO LAW OFFICES OF
McCRARY AND MOSLEY -- TO CONTINUE ITS REPRESENTATION OF
THE CITY OF MIAMI WITH RESPECT TO THE ST. HUGH OAKS VILLAGE
PROJECT -- ALLOCATE $15,000 (CIP 321024).
Mayor Clark: Item... Move your agenda over to item 41. Item 41.
Commissioner Plummer: Regular or consent?
Mayor Clark: Regular. Mr. McCrary has a court appearance at 10:30, and we want to try to
accommodate him if we can. Jesse? Forty-one, is that it, Jess?
Commissioner Plummer: Oh, no, not that bandit.
Mayor Clark: It is... The time sheet has been distributed. Recommended, Mr. Manager?
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: Is there a motion on item 41?
Commissioner Plummer: What is... Has the City Attorney gone over it?
Mayor Clark: Yes.
Ms. Linda Kearson (Assistant City Attorney): Yes, sir, we have.
Commissioner Plummer: You recommend it?
Ms. Kearson: Yes, sir.
35 October 27, 1994
Commissioner Plummer: I move it.
Mayor Clark: Is there a second?
Commissioner Gort: I guess I have to second.
Mayor Clark: If there's no exception, Madam Clerk, cast a unanimous ballot with all those
present.
Mr. Jesse McCrary: Thank you, Mr. Mayor. Thank you, Mr. Commissioner.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-754
A RESOLUTION AUTHORIZING THE PAYMENT OF ADDITIONAL FEES FOR
THE LAW OFFICES OF McCRARY AND MOSLEY TO CONTINUE ITS
REPRESENTATION OF THE CITY OF MIAMI WITH RESPECT TO THE ST. HUGH
OAKS VILLAGE PROJECT ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $15,000, FROM CAPITAL IMPROVEMENT PROJECT NO.
321024, ENTITLED "AFFORDABLE RENTAL HOUSING PROGRAM."
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, agenda item 5 was
tabled until 2:30 p.m., and it was noted that agenda items 4 and 6
had been withdrawn.
36 October 27, 1994
7. RESCIND RESOLUTIONS 89-154 AND 94-90 -- SUBSTITUTE NEW
RESOLUTION ESTABLISHING CRITERIA / PROCEDURES FOR
NEWSPAPERS WHICH CITY DEPARTMENTS 1 OFFICES ARE
PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES -- LIST
NAMES OF NEWSPAPERS APPROVED FOR SAID USE.
Mayor Clark: Item 7. Is this... Madam Clerk, you want to speak on this item?
Commissioner Plummer: This is Commissioner Gort's item.
Commissioner Gort: Yes, but the reason I brought it up is because we've... I've had several
individuals come up to me, and there seems to be not an understanding of the standard that we
have for newspaper advertising, so I asked the Clerk to please put a resolution together.
Mayor Clark: She has advised me, but...
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor. As to the last three newspapers that were
designated, Miami Today, Actualidad and El Espreso, the City Commission asked us that once
they could prove that they were eligible with respect to the general circulation requirement, they
could be added to the list. However, the City Commission failed to stipulate whether it would be
on an ongoing basis, together with the three main ones that we have, or on a rotational basis.
Mayor Clark: Rotational.
Ms. Hirai: And we would appreciate clarification in that respect.
Mayor Clark: OK. You want the rotational basis, Mr. Gort?
Commissioner Gort: Yes.
Commissioner Plummer: Well, I think it's got to be a rotational basis, or we can't afford it.
Mayor Clark: Yeah. All right.
Ms. Hirai: Thank you.
Mayor Clark: Any action on this item?
Commissioner Plummer: I have a question, Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Madam Clerk, why are we the only ones that I ever read in the paper
that have full page ads? I know Coral Gables does zoning, I know Miami Shores does zoning,
and I never see those huge, humungus ads. You know, for the public's information, what do we
spend, about seven hundred thousand a year in the Herald?
Ms. Hirai: We are not responsible for advertising the planning and zoning agenda, and we go to
the smallest type that...
37 October 27, 1994
Commissioner Plummer: I'm talking about the advertising.
Ms. Hirai: We do not advertise.
A. Quinn Jones, III, Esq. (City Attorney): The State, the Florida Statutes, as well as our Charter,
require specific type and size of print, and that's why you see the size of that.
Commissioner Plummer: OK. Quinn, my question is, I know that others... And I know that
there's got to be a daily circulation of a certain amount, and blah, blah, blah. Why don't I ever
see... Because the only thing that I know that really qualifies is the Miami Herald. Why is it I
never see any other municipality in this County advertising in what I know to be the only source
that qualifies under State Statute, the Miami Herald, I never see any of their ads? Now, what do
they do...
Mr. Jones: Yes, yes, yes. Dade County...
Commissioner Plummer: I didn't say the County. I said other municipalities.
Mr. Jones: Oh, there are. I've seen several, yes.
Commissioner Plummer: I'll tell you something. Seven hundred thousand dollars, am I in the
ballpark?
Ms. Hirai: We are not responsible for that budget, Mr. Commissioner. I would not know.
Commissioner Plummer: How much is the amount, approximately?
Ms. Hirai: I don't know. The Planning and Zoning Board should know.
Commissioner Plummer: I know it's in excess of a half a million just for the Miami Herald.
Mayor Clark: What you do, we're going to have Sergio down here at that time. Why don't we
hear that with Sergio.
Mr. Odio: I want you to know that, Mr. Mayor, that we did cut back substantially on Herald
advertising.
Ms. Hirai: Yes, yes.
Mr. Odio: They have to come to me, and I have to sign a memo...
Ms. Hirai: Yes.
Mr. Odio: ... authorizing advertising in the Herald. Otherwise, they are not advertised in the
Herald.
Ms. Hirai: Yes.
Commissioner Plummer: Well, I'm telling you, it's an awful...
Mr. Odio: And we cut that back for almost a million dollars a year.
Ms. Hirai: True.
38 October 27, 1994
Commissioner Plummer: That's right. I mean, it's ridiculous.
Mayor Clark: All right. We'll ask Sergio that, J.L., when he comes in this afternoon.
Commissioner Plummer: All right, sir.
Mayor Clark: Item 8 has been withdrawn. Item 9...
Mr. Jones: Excuse me, Mr. Mayor. There was a resolution on 7 that you need to pass.
Mayor Clark: All right.
Ms. Hirai: Yes, yes.
Mayor Clark: Moved by Mr. Gort.
Vice Mayor Dawkins: Second.
Mayor Clark: If there's no exception, Madam Clerk, cast a unanimous ballot of those members
present at this time.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-755
A RESOLUTION RESCINDING IN THEIR ENTIRETY RESOLUTION NO. 89-154,
AS AMENDED, AND RESOLUTION NO. 94-90; AND SUBSTITUTING IN LIEU
THEREOF A NEW RESOLUTION ESTABLISHING CRITERIA AND PROCEDURES
FOR NEWSPAPERS WHICH CITY DEPARTMENTS AND OFFICES ARE
PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES AND FURTHER
LISTING THE NAMES OF THE ONLY NEWSPAPERS APPROVED FOR SAID USE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
39 October 27, 1994
----------------------------------------------------------------------------------------------------------------
8. RATIFY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED --
WAIVE REQUEST FOR SEALED BIDS -- APPROVE PURCHASE 1
INSTALLATION OF CHAIN LINK FENCING FOR WATSON ISLAND
FROM FENCE CONNECTION, INC., FOR DEPARTMENT OF
CONFERENCES, CONVENTIONS & PUBLIC FACILITIES -- ALLOCATE
$4,604.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 9.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Any exception? Hearing none...
Commissioner Plummer: Justify the emergency.
Mayor Clark: Yes. Do we have to call the roll twice?
Commissioner Plummer: I haven't heard the justification of the emergency.
Mr. Cesar Odio (City Manager): This is for safety reasons. We have to fence the area off. The
area was...
Commissioner Plummer: Thank you, sir.
Mr. Odio: ... had to restrict it because of the construction in the area.
Commissioner Plummer: Thank you, sir. Whoa, whoa, whoa. Why aren't the people doing the
construction paying for this, instead of us?
Mr. Odio: This is to protect our own area from encroachment from other sources.
Commissioner Plummer: I thought we had an agreement that they would protect our island if we
allowed them to put their equipment over there.
Mr. Odio: This is to protect the Watson Island Marina, which we're now taking steps to...
eviction and other things there, so...
Commissioner Plummer: That's a different story, it's not construction. OK. Thank you, sir.
Ms. Matty Hirai (City Clerk): We don't need to call the roll, Mr. Mayor. It's a resolution.
Mayor Clark: All right. Fine. With no exception, cast a unanimous ballot with those members
present.
40 October 27, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-756
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE PURCHASE AND INSTALLATION OF CHAIN LINK
FENCING FOR WATSON ISLAND FROM FENCE CONNECTION, INC. IN A
TOTAL PROPOSED AMOUNT OF $4,604, FOR THE DEPARTMENT OF
CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO. 921002-340; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
9. BRIEFLY DISCUSS AND DEFER TO NEXT MEETING PROPOSED
RESOLUTION TO REALLOCATE $1,950,000 IN COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, FROM VARIOUS
PROJECTS, FOR RELOCATION OF THE MUNICIPAL SHOP
OPERATIONS -- AUTHORIZE MANAGER TO SUBMIT AMENDMENTS TO
ALREADY APPROVED 16TH, 18TH AND 19TH YEAR CDBG FINAL
STATEMENTS TO U.S. DEPARTMENT OF HUD TO REFLECT SAID
PROPOSED REALLOCATION OF FUNDS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 11.
Commissioner Plummer: Ten. What about 10, sir?
Vice Mayor Dawkins: Ten, I move that 10 be deferred. I need some more information on 10.
Commissioner Plummer: All right, sir. That's till the next meeting?
41 October 27, 1994
ail
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: OK.
Mayor Clark: With no exception, cast a unanimous ballot, Madam Clerk.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER, ITEM 10 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
10. (A) RATIFY MANAGER'S FINDING THAT EMERGENCY NEED
EXISTED -- WAIVE REQUEST FOR SEALED BIDS -- APPROVE
PURCHASE OF 20 MOTORCYCLES FROM SOUTHWEST CYCLE
COMPANY, INC., FOR DEPARTMENT OF GSA & SOLID WASTE /
FLEET MANAGEMENT DIVISION -- ALLOCATE $149,980.
(B) DIRECT CITY MANAGER TO KEEP THE COMMISSION FULLY
INFORMED AS TO ALL ASPECTS OF IMPORTANT COMMUNITY
EVENTS, SUCH AS THE PRESIDENT'S SUMMIT OF THE
AMERICAS 1994.
Mayor Clark: Item number 11.
Commissioner Plummer: Emergency, blah, blah, blah.
Mayor Clark: This is being done as an emergency because it has to be ready for the Summit.
Commissioner Plummer: Ha -ha-ha.
Mayor Clark: And I can tell you from my vantage point that the City of Miami Police
Department is probably the most important agency to the Summit in all of Dade County, and the
most responsive, and I want to congratulate the Police Chief and the Manager for doing such a
good job, because they've been congratulated... even the Secret Service is in total accord.
Commissioner Plummer: Mr. Mayor, now that you've brought that up, I just briefly want to ask
a simple question. There's about two million dollars coming down from the State. Do I have the
assurance that the City of Miami is going to be reimbursed for all of the expenses that we're
laying out for this thing?
Mayor Clark: Well, we're having to put up so much...
42 October 27, 1994
1
Mr. Cesar Odio (City Manager): No, you don't have the assurance of that. I think the State is
contributing, Dade County is contributing, other municipalities contributed, and we have the
share of... The events are all going to be in the City of Miami. This is the most important event
in the history of Miami, and we need to be prepared to spend some monies on it without getting
reimbursed.
Commissioner Plummer: Mr. Manager, I concur, it is a great event for this community, but I am
also telling you, sir, that I have not voted on but one thing here to expend funds, and that was
that little cremation urn you had here.
Mr. Odio: No, sir, you did not. You spent... You voted two hundred thousand dollars when you
approved the budget.
Commissioner Gort: Two hundred and fifty thousand.
Commissioner Plummer: I'm sorry, yes, OK. But other than that, I think this Commission has
got to know what's going on, if this Commission is going to vote on it.
Mr. Odio: We're going to spend police overtime, we're going to have staff people working there
full time.
Commissioner Plummer: No, no. You see... Excuse me. Unless it's in the budget, you've got
to come to this Commission to get it approved.
Mr. Odio: The overtime is in the budget.
Commissioner Plummer: If it's in there, that's fine. But I think this Commission needs to know,
even if it's in the budget, what it is costing the taxpayers of this community.
Mr. Odio: Well, then, we need to discuss this because you cannot...
Commissioner Plummer: Very definitely.
Mr. Odio: Wait, just a minute. Commissioner, the event is December 8th. This is the most
important event, I will repeat, that we could ever have in Miami. Now, if you're going to tie our
hands in what we can and cannot do, because we have to come here, then we better discuss this
right now.
Commissioner Plummer: Well, you should have come here before.
Mr. Odio: No, because we didn't know before what... where the events would be held.
Commissioner Plummer: Unless other members of this...
Mr. Odio: We only found out about the events three weeks ago.
Commissioner Plummer: Unless other members of this Commission know, I don't know, and I
think I, as a Commissioner, an elected official, are fully entitled to know when you are spending
dollars for this community. I totally agree that this Summit is one of the best things that has ever
happened to this community, but it is not an unlimited check, and that's all I'm saying to you. I
want to know. If my colleagues don't, that's up to them. But I want to know what monies from
this City...
43 October 27, 1994
Mr. Odio: Well, I'll tell you right now...
Commissioner Plummer: ... are going out, and I think this Commission, and this Commission
alone..
Mr. Odio: Well, fine, if you...
Commissioner Plummer:... has the authority to make those decisions.
Mr. Odio: Well, then, I'm telling you we're going to spend close to six hundred thousand dollars
or more in overtime, that we're going to have City of Miami employees from each department
who would have to work the Summit. They're already part of the payroll. It's not additional
payroll.
Mayor Clark: That is in the budget. It's in the budget. We voted on the budget.
Mr. Odio: It's in the budget, and we are not going to spend any more monies outside of that.
Mayor Clark: Allocated in the budget.
Mr. Odio: Yes, sir.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, I can understand Mr. Plummer's frustrations, and what I would
like for the Manager to understand is we are the elected officials, and when we are in the streets
and people ask me about the Summit, I can't answer anything.
Commissioner Plummer: Exactly.
Commissioner Gort: I don't know anything about this Summit. They ask me, "What's Miami
doing?" I don't know. I know you're working very hard, and your staff is working very hard. I
think what Mr. Plummer is saying is, why don't you come back with us, if possible, with a sheet
telling us, "This is how much we're going to spend, and this is how we're going to spend it, and
this is how the City of Miami is contributing to it"...
Commissioner Plummer: Absolutely.
Commissioner Gort. ... so at least we will know, because people come to us and ask us
questions, and we're not able to answer. At least... I don't know, I don't know anything about
the Summit.
Mr. Odio: I want you to know, you're absolutely right. We did not know until three weeks ago
where the events would be held.
Mayor Clark: And that was a public hearing, and the only one I've been invited to.
Mr. Odio: Right.
Mayor Clark: That's the only information I have, out at the Biltmore.
Mr. Odio: We now have formed, based on what we know, a plan, which we will be glad to brief
you in the next Commission meeting.
44 October 27, 1994
Mayor Clark: All right.
Commissioner Gort: Thank you.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I agree with J.L. and Willy Gort, but I would like to know, if you have it
budgeted in overtime, and you take out... If you have 4X dollars budgeted for overtime, and that
has to run through the fiscal year, and you take out 3X for the Summit, and God forbid, we have
some kind of a disturbance, then you need another 2X dollars for overtime, I need to know
where you got it... not stashed away, but I need to know where we're going to pull it from. OK?
And that's... No, no, no. I just need to know that. OK?
Commissioner Plummer: Well, just... and I'll shut up, OK?
Vice Mayor Dawkins: Please do.
Commissioner Plummer: Nothing, nothing at budget was said that any monies in that budget
were for the Summit. OK?
Mr. Odio: We had a line item in the budget...
Commissioner Plummer: You had a two hundred and fifty thousand dollar item, period.
Mr. Odio: Two hundred thousand.
Commissioner Plummer: Two hundred thousand dollars. OK? I remember what the County
said, that they were running the show, and City, just sit over in the corner and shut up.
Mr. Odio: I want you to know that the County is not running the show, that the City of Miami,
within its jurisdictional corporate limits will run the security, and will have staff in each hotel
that the people are staying, and will be... We're glad the County has helped us out with the
asphalting and so forth. But that's...
Vice Mayor Dawkins: Mr. Manager.
Mr. Odio: Yes.
Vice Mayor Dawkins: Don't box us in. OK? We are in charge. OK? If the Florida Highway
Patrol wants to contribute some people to your force, you take them. OK? If the County wants
to give us somebody, you take them.
Mr. Odio: That's part of the mutual aid.
Vice Mayor Dawkins: If the Florida Department... Law Department wants to give us somebody,
you take them.
Mr. Odio: Absolutely.
Vice Mayor Dawkins:
you take them.
If the FBI (Federal Bureau of Investigation) wants to give us somebody,
45 October 27, 1994
J
Mr.Odio: Yes.
Mayor Clark: All right. Next case.
Commissioner Plummer: Next case.
Mayor Clark: Motion on this item. No more on this item.
Vice Mayor Dawkins: I move it.
Mayor Clark: Moved it. Is there a second? Call the roll, Madam Clerk.
Commissioner Gort: Is this item 11?
Mayor Clark: Item 11, yes, sir.
Ms. Matty Hirai (City Clerk): Vice Mayor Dawkins.
Vice Mayor Dawkins: Eleven?
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Or 10?
Mayor Clark: Eleven.
Commissioner Gort: No, 11.
Commissioner Plummer: You pulled 10.
Commissioner Gort: You moved 11, which is the motorcycles.
Mayor Clark: That's what you moved.
Vice Mayor Dawkins: What are we going to do with the old motorcycles?
Mayor Clark: They're out of date now, they say. Go ahead, Ron.
Vice Mayor Dawkins: What are you going to do with the old motor... How... Wait a minute.
First, how many are we buying? We're buying twenty. What are we going to do with the
other... We're pulling twenty out of service?
Mr. Ron Williams (Assistant City Manager): That's correct.
Mr. Odio: Yes. And they'll be either Sister Cities, or sold in auction. They'll be donated to
Sister Cities, or they will... If we don't have any takers, then we'll sell it.
Vice Mayor Dawkins: All right. I'll get with you on this, because I don't understand it.
Mayor Clark: Roll call.
Vice Mayor Dawkins: Move it, move it. Because if you say it's an emergency...
46 October 27, 1994
K
Mayor Clark: Roll call.
to
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-757
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING
THAT AN EMERGENCY NEED EXISTED, WAIVING COMPETITIVE SEALED
BIDS, AND APPROVING THE PURCHASE OF TWENTY (20) MOTORCYCLES
FROM SOUTHWEST CYCLE COMPANY, INC., AT A TOTAL PROPOSED
AMOUNT OF $149,980.00, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE/FLEET MANAGEMENT DIVISION,
ACCOUNT CODE NO. 420902-880; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Show me... Wait a minute. Show me as a negative vote, not because
we don't need motorcycles, but because I don't think it was an emergency. So that's why I'm
voting negative, just to put that in.
47 October 27, 1994
----------------------------------------------------------------------------------------------------------------
11. RATIFY MANAGER'S FINDING THAT EMERGENCY NEED EXISTED --
WAIVE REQUEST FOR SEALED BIDS -- APPROVE PRINTING / FOLDING
/ BINDING OF FOUR COLOR PROCESS 1994 HISPANIC CONFERENCE
BOOKS -- FROM COLONIAL PRESS INTERNATIONAL, INC., FOR
DEPARTMENT OF CONFERENCES, CONVENTIONS & PUBLIC
FACILITIES / OFFICE OF PUBLIC INFORMATION -- ALLOCATE $9,622.
Mayor Clark: Item 12.
Commissioner Gort: We got to get you to share.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second.
Mayor Clark: All in favor, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-758
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMIMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE PRINTING, FOLDING AND BINDING OF FOUR COLOR
PROCESS 1994 HISPANIC CONFERENCE BOOKS FROM COLONIAL PRESS
INTERNATIONAL, INC., AT A TOTAL PROPOSED AMOUNT OF $9,622.00, FOR
THE DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC
FACILITIES/OFFICE OF PUBLIC INFORMATION; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE 270601-773; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
48 October 27, 1994
El
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this point, it was noted that
agenda item 13 had been withdrawn. Agenda item 14 was called
for discussion. The record was marked to reflect no appearance
by interested parties at this time.
----------------------------------------------------------------------------------------------------------------
12. DISCUSS AND DEFER CONSIDERATION OF REQUEST BY RONALD
COHEN, ESQ., FROM KLAUSNER & COHEN, P.A., FOR
REIMBURSEMENT OF ATTORNEY'S FEES IN CONNECTION WITH
THEIR REPRESENTATION OF MIAMI POLICE OFFICERS THOMAS
TRUJILLO AND EUGENE KOWALSKI -- DIRECT CITY ATTORNEY TO
COME BACK WITH A RECOMMENDATION AT NEXT COMMISSION
MEETING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 15. Item number 15.
Mr. Ronald J. Cohen: We're here, Mr. Mayor.
Mayor Clark: Yes, sir. Please give us your name and address for the record.
Mr. Cohen: Ronald Cohen, 6565 Taft Street, Hollywood, Florida. Mr. Mayor, we're here on
request for reimbursement on attorney's fees for two police officers, Officer Thomas Trujillo and
Officer Kowalski. Let me speak about Officer Trujillo first. Officer Trujillo is one of the police
officers who's been referred to as one of the Mercado cops. He was indicted. He stood trial in
the first trial. He was acquitted in that trial. He was not reindicted. He was called before the
grand jury on several times. He test... He didn't stand trial the second time. He's back at work.
He's been back at work for a long period of time now. He fits into the guidelines which we've
informally worked out with the City Attorney's Office, which is if a police officer is charged
with a crime, and they are not convicted, or found not guilty, and they are not charged with any
violation by the Police Department, or acquitted of the violation, that we would seek
reimbursement for attorney's fees. He's the only one that we are... the only one of the Mercado
cops that we're here at this time seeking reimbursement for, because he was acquitted. He was
represented by Richard Sharpstein at the trial. It was a very complicated, very lengthy trial. He
49 October 27, 19.94
was charged with several civil rights violations, and conspiracy, rising, you know, the underlying
charge could be considered to be murder. He was acquitted. It was close to a twelve -week trial.
There was complicated pretrial motions, legal memoranda, expert witnesses. It was a very
complicated trial, and we're seeking reimbursement in the amount of two hundred fifty thousand
dollars.
Mayor Clark: What about Mr. Kowalski?
Mr. Cohen: Kowalski was charged, was arrested out of an incident at the Laughing Loggerhead
here in Coconut Grove. He was charged with aggravated battery. On the aggravated battery
charge, he stood trial in Circuit Court. He, too, was represented by Richard Sharpstein.
Kowalski, as well, was found not guilty. He was not charged administratively. He's been back
at work a long time. He fits into the guidelines, as Mr. Sharpstein, again... We've turned... Mr.
Sharpstein told me that he has been assisting the City Attorney in the civil lawsuit. He took
about twenty depositions, and he's made all that available to the City Attorney's Office, in a civil
suit that's arisen out of it. And in that case, we're seeking seventy-five thousand dollars.
Mayor Clark: All right. What's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor, let me ask you.
Mayor Clark: Go ahead.
Commissioner Gort: My question, when I came aboard here, we had established a procedure to
deal with this. Has this gone through that procedure?
A. Quinn Jones, III, Esq. (City Attorney): These two particular cases predated the procedure that
this Commission set, insofar as the list of attorneys that we agreed on that would be used for
representation and the like. So that's all I can tell you.
Mr. Cohen: Commissioner...
Commissioner Gort: Have they gotten together with you at all?
Mr. Jones: I have reviewed... The only thing I have reviewed are the letters. I spoke with both
Mr. Cohen and Mr. Klausner, of course. I spoke with Mr. Klausner yesterday, and, of course, he
informed me of what Mr. Trujillo's claim for attorney's fees was, because the letter in your
package, of course, doesn't mention any fund - I mean any amount. And likewise... I should say
not "likewise." I have no problems with the Kowalski request. It seems to be reasonable. But I
think we need to explore a little more with Trujillo, because yesterday was the first time I
learned that he was asking for two hundred fifty thousand dollars.
Commissioner Gort: Thank you, sir.
Mayor Clark: All right. Al.
Mr. Al Cotera: Yeah. Mr. Commissioner, the attorney involved in this case is part of the list.
The cases predate our agreement with the list of attorneys, but he is part of the list. The reason
that the actual figure did not come in until yesterday is because we've had several meetings with
the attorney, trying to bring down the price, and I think that we were successful in doing that.
Again, this is a lengthy federal case, and we'd be more than happy to...
Commissioner Plummer: Al, the City Attorney has not seen it, and, as you know, the first thing I
would ask is that he has reviewed it, and feels that it's justified. And I'm going to do that in this
particular case.
50 October 27, 1994
Mr. Cotera: I have no problems to supply that to him.
Commissioner Plummer: So as far as I'm concerned, I'll defer this item at this particular time,
and ask the City Attorney to come back at the next Commission meeting and give us his
recommendation.
Mayor Clark: Motion to defer. Is there a second?
Commissioner Gort: Second.
Mr. Cotera: That's fine.
Mayor Clark: Second.
Mr. Cotera: Thank you.
Commissioner Plummer: Excuse me. That doesn't preclude the City Attorney trying to
negotiate, either.
Mr. Cotera: We have no problem with that, either.
Commissioner Plummer: OK.
Mr. Cohen: We expect that, Commissioner.
Mr. Cesar Odio (City Manager): Mr. Mayor, just to...
Mayor Clark: Just a moment. We're right in the middle of a roll call.
Mr. Odio: OK.
Vice Mayor Dawkins: What, what... I'm sorry.
Mayor Clark: Defer it until the City Attorney has a chance to look at the settlement that they've
come to. Call the roll, Madam Clerk.
W
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-759
A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM 15 (REQUEST
BY MR. RONALD COHEN, ESQ., FROM THE LAW FIRM OF KLAUSNER &
COHEN, P.A. FOR REIMBURSEMENT OF ATTORNEY'S FEES INCURRED FOR
LEGAL REPRESENTATION OF CITY OF MIAMI POLICE OFFICERS THOMAS
TRUJILLO AND EUGENE KOWALSKI); FURTHER DIRECTING THE CITY
ATTORNEY TO COME BACK AT THE NEXT COMMISSION MEETING WITH A
RECOMMENDATION.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
52 October 27, 1994
-- -------------------------------------------------------------------------------------------------------------
13. (A) EMERGENCY ORDINANCE: AMEND ORDINANCE 11088,
WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR A SPECIAL REVENUE FUND: MIAMI
HISPANIC MEDIA CONFERENCE -- INCREASE
APPROPRIATIONS BY $100,000.
(B) COMMISSIONER PLUMMER QUESTIONS HIGH COST OF
CITYWIDE ADVERTISING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 16. Ordinance for Miami Hispanic Media Conference. Moved by
Mr. Gort.
Commissioner Plummer: Second.
Mayor Clark: Any discussion? Cast a unanimous ballot...
A. Quinn Jones, III, Esq. (City Attorney): No. Let me read it.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11088,
ADOPTED SEPTEMBER 7, 1993, WHEREBY A NEW SPECIAL REVENUE
FUND ENTITLED "MIAMI HISPANIC MEDIA CONFERENCE" WAS
ESTABLISHED AND INITIAL RESOURCES APPROPRIATED, THEREBY
INCREASING SAID APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF
$100,000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Gort and seconded by Commissioner Plummer, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor Miller J. Dawkins
53 October 27, 1994
BE
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11183.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner De Yurre: Who's getting these monies?
Mayor Clark: Item number 17.
Commissioner De Yurre: Mr. Mayor, if I may. Who's getting... Who are getting these monies?
Mr. Cesar Odio (City Manager): What do you mean?
Commissioner De Yurre: Where are they going to be spent?
Mr. Odio: No. They come into the City.
Commissioner De Yurre: Yeah, but where are they going after that? What are we going to do
with this money?
Mr. Odio: They will go into the general fund.
Commissioner De Yurre: And that's it?
Mr. Odio: That's it.
Mr. Odio: They have to come back here for any appropriation. Mr. Mayor, the advertising in
the Herald is a hundred and ten thousand dollars a year.
Mayor Clark: All right.
Commissioner Plummer: What?
Mr. Odio: One hundred and ten thousand is the budgeted amount for this year. Yes, sir, it is.
Commissioner Plummer: You're not even close.
Mr. Odio: Last year, we spent a hundred and fourteen.
Commissioner Plummer: You're not even close.
Mr. Odio: Well, OK.
Mayor Clark: That's what he said.
Commissioner Plummer: I don't care what he said.
Mayor Clark: There's Sergio right there. He places...
54 October 27, 1994
Commissioner Plummer: I have...
Mr. Odio: For the record, the advertisement costs in the Herald last year was a hundred and
fourteen thousand. We have budgeted...
Commissioner Gort: That's for zoning matters.
Commissioner Plummer: That's just for zoning.
Mr. Odio: Yeah.
Commissioner Plummer: Oh. But we're spending over a half a million in total.
Mr. Odio: I don't believe so.
Commissioner Plummer: I know we are.
Mr. Odio: No, we're not.
Commissioner Plummer: The last report I got was...
Mr. Odio: No, we're not.
Mayor Clark: All right. Now, just a minute. Let's find out. Madam Clerk.
Ms. Matty Hirai (City Clerk): Mr. Commissioner, years ago, and because of the expenditure,
how expensive it was then, there was a finding by the Legal Department that the Review, the
Daily Review met the general circulation requirement, and we were instructed Citywide to use
them for general circulation requirements for the Statutes. Now, under specific instances, like,
for instance, when we want to disseminate the news as best we can, in the election process, then
my department uses the Herald once a year, when we talk about election.
Commissioner Plummer: Very simply...
Ms. Hirai: I only know about our budget. I do not know about the Citywide.
Commissioner Plummer: Very simply, would you furnish this Commission with the total
amount of money that was spent for advertising last fiscal year, in total.
Ms. Hirai: I will request that from the City Manager.
Commissioner Plummer: In total.
Mr. Odio: Excuse me...
Ms. Hirai: Because I don't have it.
Mr. Odio: We send you, Commissioner, every month...
Commissioner Plummer: Monthly.
Mr. Odio: ... every month, we send you a report.
Commissioner Plummer: And the last one I saw was four hundred and fifty thousand dollars to
the Herald, alone. Alone.
55 October 27, 1994
Mayor Clark: All right. Let's get a new...
Ms. Hirai: I don't advertise there.
Mayor Clark: Let's get a new copy.
----------------------------------------------------------------------------------------------------------------
14. EMERGENCY ORDINANCE: AMEND CODE, CHAPTER 22 (GARBAGE
AND TRASH) -- PROVIDE FOR ELIMINATION OF COMMERCIAL SOLID
WASTE COLLECTION BY THE CITY -- REDEFINE RESIDENTIAL UNITS
TO INCLUDE TRIPLEX AND QUADRUPLEX RESIDENCES -- INCREASE
REGULATORY PERMIT FEE OF ENTITIES ENGAGED IN COMMERCIAL
SOLID WASTE COLLECTIONS / DISPOSAL FROM ANY STREET, PUBLIC
RIGHTS -OF -WAY OR PROPERTY IN THE CITY OVER A THREE-YEAR
PERIOD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Let's move to item 17. Emergency ordinance amending chapter...
Commissioner Plummer: Move it.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 22, ENTITLED
"GARBAGE AND TRASH," OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY PROVIDING FOR ELIMINATION OF
COMMERCIAL SOLID WASTE COLLECTION BY THE CITY OF MIAMI,
REDEFINING RESIDENTIAL UNITS TO INCLUDE TRIPLEX AND
QUADRUPLEX RESIDENCES, AND INCREASING THE REGULATORY
PERMIT FEE OF ENTITIES ENGAGED IN COMMERCIAL SOLID WASTE
COLLECTIONS AND DISPOSAL FROM ANY STREET, PUBLIC RIGHTS -OF -
WAY OR PROPERTY IN THE CITY OVER A THREE-YEAR PERIOD; MORE
PARTICULARLY BY AMENDING SECTIONS 22-1, 22-2, 22-12, 22-18, 22-23,
22-24, 22-26, 22-30, AND 22-32 OF THE CITY CODE; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVISION FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
56 October 27, 1994
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None,
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11184.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner De Yurre: Now, Mr. Mayor, with the... There's a major issue with reference to
people that had triplexes and four- plexes that went ahead and contracted with the private
haulers. And I know the tri... And they have difficulty getting back, because I think they signed
a long-term contract. So... And they've been calling my office, and I know they've been calling
the Administration, also, on this issue, big time.
Mr. Cesar Odio (City Manager): There will be no penalties. I've talked to one of them, BFI,
and IWS. They will not penalize those people.
Commissioner De Yurre: OK. What do you mean by not penalize the people?
Mr. Odio: To get... They will not force them to stay with them for the contract.
Commissioner De Yurre: OK. Now, do they lose their deposit, or what's the story?
Mr. Odio: They will not.
Commissioner De Yurre: They're going to get their monies back?
Mr. Odio: They will...
Mr. Ron Williams (Assistant City Manager): Commissioner, we've said to them that the...
Based on the Commissioner's legislation, they have an option of staying with the contractor
they've signed, or going back, based on the Commission's decision with the City. But, of
course, we set that price, or you set that price here at one -sixty, and often, as we explain that to
the property owner, they make the decision to stay with the private hauler.
Commissioner De Yurre: OK. Now, but no, that's not my question. My question is that we
made a decision here a few weeks ago that prompted a number of owners that have triplexes and
four-plexes to go ahead and contract privately, because we were not going to provide that service
anymore. Now, all of a sudden, we will provide that service. And there's a number of them that
have been calling, saying, "Hey, yeah, I want the service again from the City, because I'm
getting good service from the City, however, I can't get released from the contract with the
private hauler that I was forced to go into, because you guys were not going to do this service
anymore." Now, that's what I'm dealing with. Those are the calls that I'm getting. People that
want to go back to the City, but have contracted with the private sector for the service. Have you
been dealing with this at all, as far as getting relief for these individuals?
57 October 27, 1994
Mr. Williams: Yes, yes, we have, Commissioner, and we've talked to the privates. They will
not lose their money, and we will represent them with the privates on that issue.
Commissioner De Yurre: OK. So bottom line is, you're saying that they can walk out of their
contract with the private haulers, and get back whatever deposit they were given?
Mr. Odio: That's what BFI told me they would do, yes, sir.
Mr. Williams: And several others, involved.
Mr. Odio: And several others, also, so.
Commissioner De Yurre: OK. Well, just stay on top of that, because that's a big issue in this
community right now.
Mr. Odio: Yes.
Commissioner Plummer: Oh, yeah. It's a hot issue.
Vice Mayor Dawkins: Mr. Mayor, I want it in writing from them, because one of the contractors
was in my office, and he distinctly told me that he was not letting anybody out of the contract
that they signed with him. And I called Mr. Williams from my office, and had the gentleman say
this to Mr. Williams. OK? I don't even remember who it was.
Mr. Williams: I,don't remember exactly who it was, but...
Vice Mayor Dawkins: All I'm saying, Mr. Manager, is cover us by having them send you
something in writing so we'll have...
Mr. Odio: Yes. But like I said, I met personally with BFI yesterday, and they assured me that
they would not penalize...
Vice Mayor Dawkins: OK. Well, get it in writing.
Commissioner Plummer: Well, all right. Let me ask a question. Doesn't the City still retain the
right to franchise these people?
Mr. Williams: Yes.
Commissioner Plummer: And the ones that are not cooperating, in my estimation, should not be
franchised.
Mr. Williams: That's... We agree with you, Commissioner.
Commissioner Plummer: So I think you need to go and remind them that if they intend to be
refranchised...
Commissioner Gort: Mr. Mayor.
Vice Mayor Dawkins: Go ahead.
Mayor Clark: Mr. Gort.
58 October 27, 1994
Commissioner Gort: One of the things that a lot of individuals that own triplexes and four, they
think they're going to go back to the old price. The used to pay less than duplexes.
Commissioner Plummer: You guys don't know how to play hard ball.
Commissioner Gort: My understanding, in doing some research, some of those people with the
new price instruction might be better off with the private than with us. So that's a choice that
they will have to make. That's my understanding in some of the contracts that I've seen. With
us, see, they don't understand, they're going to have to pay the new price, which is going to be a
lot more than what it used to be before.
Mayor Clark: All right. Did we vote on that item, Madam Clerk? Yes.
Vice Mayor Dawkins: Mr. Charles wants...
Mayor Clark: Yes, sir, Mr. Charles.
Mr. Norman Charles: Mr. Mayor, Mr. Vice Mayor, all the members of the City Commission, I
do not have a problem with...
Vice Mayor Dawkins: State your name and address, Mr. Charles.
Mr. Charles: Norman Charles, 16920 Northwest 36 Avenue. I speak for Solid Waste
Department. We do not have a problem with the garbage at this time. However, what we're do
saying is, those people who want to remain with private should remain with private. Those that
want to come back to the City, I think we have a right to listen to these people.
Mayor Clark: All right.
Mr. Charles: Because the citizens is really upset about a lot of things.
Mayor Clark: All right. Thank you, Mr. Charles.
----------------------------------------------------------------------------------------------------------------
15. DISCUSS AND TEMPORARILY DEFER CONSIDERATION OF PROPOSED
EMERGENCY ORDINANCE TO AMEND CODE SECTION 38-45,
RELATING TO PEDDLING AND VENDING IN CITY PARKS, BY
ESTABLISHING CONCESSION PRIVILEGES FOR QUALIFIED
NONPROFIT ORGANIZATIONS THAT OPERATE ONGOING WEEKLY
PROGRAMS FOR YOUTH / ELDERLY / DISABLED PERSONS IN CITY
PARKS; ETC. (See label 77)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Let's move to item number 18. Item 18 is an emergency item.
Commissioner Gort: I went over this. This is... I don't have any problem with this. I'll move
it.
Mayor Clark: All right. Is there a second?
Vice Mayor Dawkins: I second it, and under discussion.
59 October 27, 1994
ZI
Mayor Clark: All right.
Vice Mayor Dawkins: Open it up for everybody.
A. Quinn Jones, III, Esq. (City Attorney): The concession privileges.
Mr. Alberto Ruder: Yeah. Right now, this is an ordinance so that when there is a youth -serving
organization, or a senior citizen organization, or disabled, and they're doing a program in a park
for at least three consecutive months, that we allow them to sell concessions, and to keep those
proceeds so that they can continue to have more programs in the park. Right now, vendors are
coming in from... private, for -profit vendors, and vendors, and they're coming into the parks, and
we have three, at least three groups, the Overtown Optimist Club, the Boys and Girls Club, and
the Liberty City Optimists, that have asked us to have the rights to sell every day, according to
the current laws.
Vice Mayor Dawkins: No, no, you're trying to give them the rights. They don't have the rights.
Mr. Ruder: Right, right.
Vice Mayor Dawkins: Now, let's put the record straight.
Mr. Ruder: Yeah, right.
Vice Mayor Dawkins: We're trying to give them the right.
Mr. Ruder: That's true.
Vice Mayor Dawkins: They do not have the right to sell.
Mr. Ruder: That's true.
Vice Mayor Dawkins: OK. All right, go ahead.
Mr. Ruder: So right now, we've been able legally to give them the rights, once, for game days.
When they have a game, there is a provision in the... But some of these clubs want to do it every
day during practice, and also, during games that we don't have the right, according to the law, to
do it right now, and this is trying to change it, so that they can have the right to do it every day,
as a fund-raiser for their organization, so that they can continue doing more.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, Mr. Gort.
Commissioner Gort: In reading the document, my understanding was, one, the money made in
there would have to be reimbursed into the parks, and would have to be used with the park
facilities, and programs in the parks.
Mr. Ruder: Right. It has to be used in the program, and it has to be run by their own volunteers,
and put back into the program.
Commissioner Gort: And number two, we'll have certain control and be able to audit their
performance. And if they're nonperformance, we can get them out.
Mr. Ruder: Yes.
60 October 27, 1994
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Commissioner Gort: That's what my understanding of it is. That's why I made the motion.
Mr. Ruder: Yeah.
Commissioner Plummer: Well, let's talk. Can we talk practical for a minute?
Vice Mayor Dawkins: Are we... Does this require an audit?
Mr. Ruder: We're asking them for monthly notarized financial statements.
Vice Mayor Dawkins: I'll rephrase it. Are we asking for an audit?
Mayor Clark: Yes.
Mr. Ruder: If you so desire, we'll ask for an audit.
Vice Mayor Dawkins: All right. Because a notarized statement, I can write up a statement, I can
write up a statement and sign it. OK. Go ahead, Mr. Gort. I'm sorry, Mr. Gort - Mr. Plummer.
Commissioner Plummer: Well, the problem I've got, you know, trying to be practical. In this
program that we're working like the devil to get off the ground in West Grove, all right? Thelma
from the NET (Neighborhood Enhancement Team) Office, used to be in my office, is down there
selling hotdogs...
Mr. Ruder: Right.
Commissioner Plummer: ... with four or five of the kids.
Mr. Ruder: Right.
Commissioner Plummer: Selling hotdogs and soft drinks to get money to pay for the trophies.
Mr. Ruder: Yeah.
Commissioner Plummer: Now, how in God's name are you going to ask her to turn around and
do an audit? I mean, it doesn't... You know, I... It's just... To me, it's too much government.
Mr. Ruder: Yeah. And it's a great program. It's a great thing for...
Commissioner Plummer: Well, that's not my point. My point is that I don't think she takes in
enough money to even pay for an audit.
Mr. Ruder: Yeah.
Vice Mayor Dawkins: Don't you kid yourself. They just got started. Don't you kid yourself.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: They just got started. All right?
Commissioner Plummer: OK. Miller, can we try to do it with a notarized statement?
Vice Mayor Dawkins: OK. The only thing... The only thing I will say to this is that if you're
going to allow them to sell every day, you let anybody else who wants to, sell every day. I'm
61 October 27, 1994
not going to say that, you know, one group... Because I have four or five people who have
peddler's licenses, on trucks that park out in the streets. They don't want them to sell in the
streets.
Commissioner Plummer: Well, in this particular case, and I can't speak to every issue, it's on
event days only.
Vice Mayor Dawkins: No. He just said every day.
Mr. Ruder: Well, there's some... Some of the clubs want to do it, like in Overtown, they want to
do it every day during their practices, again, as a fund-raiser, not only just on game days.
Vice Mayor Dawkins: Event days only.
Commissioner Plummer: I understand that, but how are you... Are you going to prohibit the
other vendors from coming in, as a matter of control?
Mr. Ruder: Well, yeah, as a matter of control, we're going to give the rights inside the park...
Commissioner Plummer: You haven't been able to...
Mr. Ruder: I'm just talking about inside the park. I mean...
Commissioner Plummer: You haven't been able to control it at Bayfront Park. You know it and
I know it.
Mayor Clark: Hey, listen. We got about five meetings going on here. Is everybody paying
attention? Please, now, we've got five meetings going on. What's the decision on this item?
Commissioner Plummer: Move it... Let's defer it and see if we can't come up with something
better.
Mr. Ruder: OK.
Commissioner Plummer: Something more clear, more...
Mayor Clark: All right. Motion to defer. Seconded by Willy Gort. Cast a unanimous ballot, if
there's no exception.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, ITEM 18 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
62 October 27, 1994
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----------------------------------------------------------------------------------------------------------------
16. URGE MIAMI CAPITAL DEVELOPMENT, INC. (MCDI) TO EXAMINE
AND RECONSIDER THE CIRCUMSTANCES SURROUNDING DENIAL OF
LOAN APPLICATION FROM PERCY A. BROWN, PRESIDENT OF BONDS
ALLIANCE ENTERPRISES, INC.
Mayor Clark: Let's go back to item 14, the gentleman...
Vice Mayor Dawkins: Fourteen, sir? All right, sir. What do we have...
Mayor Clark: The gentleman is here now.
Vice Mayor Dawkins: Mr. Brown?
Mayor Clark: Yeah.
Vice Mayor Dawkins: Mr. Brown? OK. What's...
Mayor Clark: Where is Mr. Brown? All right. If he doesn't show up now, it will just be
continued. Where it Mr. Brown, item 14?
Mr. Percy Brown: I am here.
Mayor Clark: OK. What's your problem? Give us your name and address, for the record.
Mr. Brown: My name is Percy Brown. I'm the president of the Bonds Alliance Enterprises,
Inc., located at 5505 Northwest 7th Avenue, Miami.
Mayor Clark: You tried to borrow some money. They said you didn't have enough, it would
take too big a risk. How much money were you trying to borrow?
Mr. Brown: We're trying to get two hundred and three thousand dollars.
Commissioner Plummer: For what kind of a business?
Mr. Brown: This is a silk screen T-shirt business. We are actual printers ourselves.
Commissioner Plummer: Have you been in business for a long period of time?
Mr. Brown: We've been in business going into our eighth year.
Commissioner Plummer: And for what reason did Miami Capital turn you down?
Mayor Clark: Too big a risk.
Mr. Brown: Inability to pay back the loan, weak collateral, and child support, which is a
personal matter.
Mayor Clark: Is there a judgment against you?
Mr. Brown: No, there is not.
63 October 27, 1994
Commissioner Plummer: Do you owe back child support?
Mr. Brown: At this moment, yes.
Commissioner Plummer: How much?
Mr. Brown: About fifteen hundred dollars.
Commissioner Plummer: Well, Mr. City Attorney, I don't think we have the right to overrule
them.
Mayor Clark: No, we can't do that.
Commissioner Plummer: We can recommend to them, and I would make a motion at this time
that we recommend to them to take a deeper look, and to give this Commission, prior to it
coming back, a full report as to the reasons they turned it down.
Mayor Clark: Good idea. OK.
Mr. Brown: Mr. Commissioner, Mr. Commissioner, we've been working on this project here for
almost eight months. I went back. I've satisfied every criteria that they brought back to me that
had to be addressed.
Commissioner Plummer: Sir, excuse me. So you don't misunderstand, this Commission cannot
legally help you in the fact of getting you the money. We can only urge them to look into the
matter again. We cannot force them to do it.
Mayor Clark: We have no report from that board at all. We don't know what.. how they made
their decision.
Commissioner Plummer: OK?
Mayor Clark: We don't have the...
Commissioner Plummer: All we can do is urge them to take another look at it and report back to
this Commission, and we could, at best, make a motion urging them to approve it. We can't
mandate them to approve it.
Mr. Brown: I understand.
Commissioner Plummer: OK.
Mayor Clark: All right. You try -to go back before them and get a copy of it, and if they want a
reason why you're back, you say, look at the Commission action here today. All right?
Mr. Brown: Beg your pardon? Would you repeat that again, please?
Mayor Clark: Sir? Tell them, if they won't accept you, tell them, "The Commission asked me to
come back here and to hear it again." All right?
Mr. Brown: Yes, sir.
64 October 27, 1994
Mayor Clark: And if they want proof of that, have them call the Manager's office.
Mr. Brown: Thank you.
Mayor Clark: Thank you, sir.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-760
A MOTION URGING MIAMI CAPITAL DEVELOPMENT, INC., TO RECONSIDER
AND CAREFULLY REEXAMINE THE CIRCUMSTANCES SURROUNDING ITS
DENIAL OF A LOAN APPLICATION FROM PERCY A. BROWN, PRESIDENT OF
BONDS ALLIANCE ENTERPRISES, INC.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
17. EMERGENCY ORDINANCE: AMEND ORDINANCE 11090 (ANNUAL
APPROPRIATIONS FOR FY'94) -- INCREASE APPROPRIATIONS
RELATING TO OPERATIONAL REQUIREMENTS AND OTHER
BUDGETARY ADJUSTMENTS REQUIRED FOR FY'94 BUDGET.
Mayor Clark: Item number 19.
Commissioner Plummer: Basically, Mr. Manager... What is this on, Mano? What are you
adjusting?
Mr. Mano Surana: This is to close the books on last fiscal year.
Commissioner Plummer: Move it.
65 October 27, 1994
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Reluctantly, yes.
Mayor Clark: Moved and seconded. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, 4, 5, AND 6 OF
ORDINANCE NO. 11090, THE ANNUAL APPROPRIATIONS ORDINANCE,
ADOPTED SEPTEMBER 27, 1993 FOR FISCAL YEAR ENDING SEPTEMBER
30, 1994, FOR THE PURPOSE OF INCREASING SAID APPROPRIATIONS
RELATING TO OPERATIONAL REQUIREMENTS AND OTHER
BUDGETARY ADJUSTMENTS REQUIRED FOR THE FY'94 BUDGET AS
MORE PARTICULARLY DESCRIBED HEREIN; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11185.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I'm voting yes, but I don't know why it's an emergency. I really
don't.
66 October 27, 1994
Mr. Cesar Odio (City Manager): Yeah. We need to close the books this month.
Commissioner Plummer: Yeah, but you knew a year ago you were going to have to close the
books.
Mr. Odio: No, but we had... We have to scramble and...
Mayor Clark: OK. Let's go.
----------------------------------------------------------------------------------------------------------------
18. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: REFUGEE COMMUNITY STRENGTHENING PROGRAM (FY'95) --
APPROPRIATE $238,276 FROM GRANT RECEIVED FROM U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF
REFUGEE RESETTLEMENT -- ACCEPT GRANT AND EXECUTE
NECESSARY DOCUMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 20. Is there a motion on item 20?
Mr. Cesar Odio (City Manager): Yes. And we are receiving this... You have to read the
ordinance, but we are receiving this grant to provide employment opportunities through the NET
(Neighborhood Enhancement Team) Offices.
Commissioner Plummer: Great.
Mayor Clark: Give me a motion.
Commissioner Gort: Move it.
Commissioner Plummer: Move it, second.
Mayor Clark: And second. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "REFUGEE COMMUNITY STRENGTHENING PROGRAM
(FY'95)" AND APPROPRIATING FUNDS IN THE AMOUNT OF $238,276 FOR
SAID FUND FROM MONIES RECEIVED BY A GRANT FROM THE U.S.
DEPARTMENT OF HEALTH AND HUMAN SERVICES, OFFICE OF REFUGEE
RESETTLEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT THE AFOREMENTIONED GRANT AWARD AND EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID GRANT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
67 October 27, 1994
was introduced by Commissioner Gort and seconded by Commissioner Plummer, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11186.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: I really question the emergency.
---------------------------------------------------------------------------------------------------------
19. SECOND READING ORDINANCE: AMEND ORDINANCE 11139, BY
ESTABLISHING APPROPRIATIONS FOR CAPITAL IMPROVEMENT
PROJECT ($288,300): ADMINISTRATION BUILDING / GROUND FLOOR
ENCLOSURE (CIP 311032).
Mr. Cesar Odio (City Manager): Mr. Mayor, on 21, I would like to ask you to pass it, but to...
Vice Mayor Dawkins: Move it.
Mr. Odio: ... but to give us the... But I'm going to hold onto it because we're looking at a
building, and it would not make any sense...
Vice Mayor Dawkins: No, I will not pass then. Defer it until you look at the building and come
back.
68 October 27, 1994
N
Commissioner Plummer: What I was going to say, if things collapse... We really need the space
bad, is what I'm saying, but I don't want to wait another month to make a decision on this.
Mayor Clark: All right. Is there a motion?
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second, subject to the City Manager notifying the Commission at such
time as he is proceeding.
Mayor Clark: That's good. Item number 22.
Commissioner Plummer: Wait a minute. You got to call the roll.
Mayor Clark: Sorry.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11139, ADOPTED APRIL 14,
1994, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
ESTABLISHING APPROPRIATIONS FOR A CAPITAL IMPROVEMENT PROJECT
ENTITLED "ADMINISTRATION BUILDING/GROUND FLOOR ENCLOSURE,"
PROJECT NO. 311032, IN THE AMOUNT OF $288,300; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of September 22, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Dawkins,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11187.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Dawkins: I vote yes, but I'm saying that I'm not going to vote for you to buy the
FPL (Florida Power and Light) Building. Now, you can do anything you want. No.
Mr. Odio: Yes, sir. That's another issue.
Vice Mayor Dawkins: OK. Yes, yes.
69 October 27, 1994
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Commissioner Plummer: How come this is not an emergency? I vote yes.
Mayor Clark: This is a second reading, buddy.
Commissioner Plummer: Yeah, but everything else around here is an emergency.
----------------------------------------------------------------------------------------------------------------
20. (A)
SECOND READING ORDINANCE: AMEND CODE -- AMEND
ORDINANCE 11130, WHICH ESTABLISHED STANDARDS FOR
CREATION AND REVIEW OF BOARDS: (1) PROVIDE
STANDARDS AS TO SECTIONS CONFLICTING WITH CHARTER
PROVISIONS; (2) ADD STANDARD AS TO ELIGIBILITY OF
MEMBERSHIP; (3) PROVIDE PROCEDURES FOR REMOVAL OF
BOARD MEMBERS; (4) PROVIDE THAT CITY CLERK SHALL
INFORM COMMISSION UPON RESIGNATION OF MEMBERS; (5)
PROVIDE THAT NET ADMINISTRATORS SHALL ALSO BE
LIAISON TO BOARDS WITHIN THEIR GEOGRAPHICAL AREA;
ETC.
(B)
EMERGENCY ORDINANCE: AMEND CODE, THEREBY
PROVIDING THAT PERSONS OWNING REAL PROPERTY IN THE
CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON: (1)
DOWNTOWN DEVELOPMENT AUTHORITY (DDA); (2)
WATERFRONT ADVISORY BOARD; (3) BAYFRONT PARK
MANAGEMENT TRUST; (4) NUISANCE ABATEMENT BOARD;
CODESIGNATION REVIEW COMMITTEE; 6
COSTREET
CONUT GROVE STANDING FESTIVAL COMMITTEE; AND (7)
LATIN QUARTER REVIEW BOARD.
(C)
PROVIDE THAT PERSONS OWNING REAL PROPERTY IN THE
CITY OF MIAMI ARE ELIGIBLE FOR MEMBERSHIP ON: (1)
COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT; (2)
HEALTH FACILITIES AUTHORITY; AND (3) TAX-EXEMPT
PROPERTY STEERING COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Item number 22.
Commissioner Plummer: Twenty-two, 23 and 24 are all companions. Mr. Manager, tell us,
exactly what are you trying to accomplish here? Does this change what we did previous?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Well...
Mr. Cesar Odio (City Manager): This is the City Attorney following your instructions.
Commissioner Plummer: Mr. City Attorney, tell us.
Mr. Jones: Well, this is... Essentially, what it's doing, it's, as you've indicated previously, you
wanted some consistency amongst the various boards.
Commissioner Plummer: Right.
Mr. Jones: And not... What this basically does is effectuates the changes that you wanted,
particularly, one about owning, being able to own property in the City of Miami, which would be
70 October 27, 1994
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eligible for persons to sit on boards; and then likewise, with item 23, with the seven boards in
question, it does the same thing, effectuates that intent of the Commission; and likewise, for item
24, with those three committees, it effectuates the same intent of the Commission.
Commissioner Plummer: OK. So...
Mayor Clark: Must you read all three ordinances?
Mr. Jones: I have to read them separately, yes.
Mayor Clark: Proceed.
Ms. Matty Hirai (City Clerk): We need a motion, Mr. Mayor.
Mr. Jones: On item...
Commissioner Plummer: Twenty-two first.
Ms. Hirai: Mr. Plummer, are you moving the item, sir?
Commissioner Plummer: Let's...
Mr. Jones: It needs to be moved.
Commissioner Plummer: Yeah, I'll move it.
Ms. Hirai: He moved it.
Vice Mayor Dawkins: Second, second.
Ms. Hirai: OK. Thank you.
Vice Mayor Dawkins: Read them. Mr. Mayor said read them.
Mayor Clark: All right. Call the roll.
71 October 27, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11130 WHICH ESTABLISHED
THE STANDARDS FOR CREATION AND REVIEW OF BOARDS BY: (1)
PROVIDING THAT SAID STANDARDS, AS CONTAINED IN ARTICLE XIII OF
CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
SHALL NOT APPLY TO CITY BOARDS WHEN THERE IS A CHARTER
PROVISION TO THE CONTRARY; (2) PROVIDING THAT THOSE PERSONS
OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR
MEMBERSHIP ON CITY BOARDS; (3) PROVIDING FOR A PROCEDURE FOR
THE REMOVAL OF BOARD MEMBERS WHO HAVE CEASED TO COMPLY
WITH THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP OF CITY
BOARDS; (4) PROVIDING THAT THE CITY CLERK SHALL INFORM THE CITY
COMMISSION WHENEVER A BOARD MEMBER HAS RESIGNED FROM A
BOARD; AND (5) PROVIDING THAT THE REQUIREMENT THAT EACH NET
ADMINISTRATOR SHALL BE A LIAISON TO BOARDS WHICH OPERATE
WITHIN ITS GEOGRAPHICAL AREA OF RESPONSIBILITY DOES NOT
PRECLUDE THE APPOINTMENT AS LIAISON OF ANY OTHER PERSON WHICH
THE CITY COMMISSION OR THE CITY ADMINISTRATION MAY WISH TO
APPOINT TO SERVE IN SAID CAPACITY; MORE PARTICULARLY, BY
AMENDING SECTIONS 2-425, 2-428, 2-433 AND 2-435 OF THE CITY CODE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Vice Mayor Dawkins, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11188.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: ALTHOUGH ABSENT DURING
ROLL CALL, ER DE YURRE REQUESTED OF
THE CLERK TO BE SHOWN 1N AGREEMENT WITH THE
MOTION.
Mayor Clark: Next item.
72 October 27, 1994
Mr. Jones: Twenty-three.
Mayor Clark: Twenty-three. It's been moved by Mr. Plummer.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded by Mr. Dawkins. All right. call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY PROVIDING THAT THOSE
PERSONS OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE
ELIGIBLE FOR MEMBERSHIP ON THE DOWNTOWN DEVELOPMENT
AUTHORITY, THE WATERFRONT ADVISORY BOARD, THE BAYFRONT
PARK MANAGEMENT TRUST, THE NUISANCE ABATEMENT BOARD, THE
STREET CODESIGNATION REVIEW COMMITTEE, THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE AND THE LATIN QUARTER REVIEW
BOARD; MORE PARTICULARLY, BY AMENDING SECTIONS 14-27(a), 29-
63(f), 38-73(a)(1), 45.5-2(a)(1), 54-95(b)(6), 54-172(c) AND 62-78(b)(4) OF THE
CITY CODE; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Victor De Yurre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11189.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Mayor Dawkins: Move 24.
73 October 27, 1994
10
Commissioner Plummer: Second.
Mr. Jones: It's a reso.
Mayor Clark: Read the ordinance.
Mr. Jones: It's a reso.
Mayor Clark: It's been read? Call the roll.
Mr. Jones: It's a resolution.
Mayor Clark: All in favor, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-761
A RESOLUTION CONCERNING ELIGIBILITY FOR MEMBERSHIP FOR
PARTICULAR CITY BOARDS, THEREBY PROVIDING THAT THOSE PERSONS
OWNING REAL PROPERTY IN THE CITY OF MIAMI ARE ELIGIBLE FOR
MEMBERSHIP ON THE CITY OF MIAMI COMMITTEE ON BEAUTIFICATION
AND ENVIRONMENT, THE CITY OF MIAMI, FLORIDA, HEALTH FACILITIES
AUTHORITY AND THE TAX-EXEMPT PROPERTY STEERING COMMITTEE OF
THE CITY OF MIAMI, FLORIDA; MORE PARTICULARLY, BY AMENDING
SECTION 6 OF RESOLUTION NO. 77-482, SECTION 3 OF RESOLUTION NO. 79-
93 AND SECTION 3(A) OF RESOLUTION NO. 93-285.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Mayor Clark: Item 25, I think...
Commissioner Plummer: Passed.
Mayor Clark:... two abstentions here.
Commissioner Victor De Yurre
74 October 27, 1994
REM
Commissioner Plummer: You'll have to wait till Victor comes back.
Vice Mayor Dawkins: Yes, sir. We have...
Mr. Jones: Now, this one...
Commissioner Plummer: Hold on, hold it till Victor comes back.
Mr. Jones:... you want to hold it.
Commissioner Plummer: Yeah.
Mayor Clark: Where's Victor? Where's Victor?
Commissioner Plummer: Go to 27.
Mayor Clark: Go to 27.
Commissioner Plummer: Move 27.
Vice Mayor Dawkins: Move it. Move 27.
Mayor Clark: Second reading. Read it into the record, Mr. Attorney.
Commissioner Plummer: Twenty-seven.
A. Quinn Jones, III, Esq. (City Attorney): Excuse me, Mr. Mayor. Before you go on. Madam
Clerk, on item 23, did you do a second roll call? It was an emergency.
Mayor Clark: Yes.
Ms. Matty Hirai (City Clerk): I believe so, but just to be sure, if you want to, Mr. Attorney, Mr.
Mayor, I will call the roll again on 23.
NOTE FOR THE RECORD: At this point, the Clerk recalled the
roll regarding agenda item 23, Emergency Ordinance No. 11189.
75 October 27, 1994
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----------------------------------------------------------------------------------------------------------------
21. SECOND READING ORDINANCE: AMEND CODE ARTICLE IV OF
CHAPTER 40 (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY
OF MIAMI FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST) -- ADD NEW SECTION 40-220 PROVIDING LIMITATION ON
COMPENSATION AND EFFECTIVE DATE -- ADD NEW SECTION 40-
212(H)(3) (ACCIDENTAL DEATH BENEFIT) PROVIDING FOR
SURVIVING SPOUSES WHO REMARRY.
Mayor Clark: Item 27.
Commissioner Plummer: Second reading. Victor's got to be here.
Vice Mayor Dawkins: I moved it.
Mayor Clark: It's been moved and seconded.
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Mayor Clark: Into the record. All right. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED,
"PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI FIRE
FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST," MORE
PARTICULARLY BY ADDING A NEW SECTION 40-220 AND A NEW
SUBSECTION 40-212(H)(3); CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR EFFECTIVE DATES UPON
ADOPTION AS TO SECTION 40-212(H)(3) AND AN EFFECTIVE DATE FOR
SECTION 40-220 ON SEPTEMBER 30, 1996.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Vice Mayor Dawkins, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11190,
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
76 October 27, 1994
W
W
------------------------------------------------------------------------------------
22. FIRST READING ORDINANCE: AMEND CODE SECTION 40-229 --
PROVIDE FOR CHANGES IN INVESTMENT GUIDELINES AND TYPES OF
FUNDS WHERE INVESTMENT MAY BE MADE FOR MEMBERS OF THE
CITY OF MIAMI GENERAL EMPLOYEES' RETIREMENT TRUST.
Commissioner Plummer: Move 28.
Mayor Clark: Twenty-eight, moved by Mr. Plummer.
Commissioner Gort: Second.
Mayor Clark: All right. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-229 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR CHANGES IN
INVESTMENT GUIDELINES AND TYPES OF FUNDS WHERE INVESTMENT
MAY BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
77 October 27, 1994
----------------------------------------------------------------------------------------------------------------
23. DISCUSS AND CONTINUE TO NEXT MEETING CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE RELATING TO STREET
VENDING, AMENDING CODE CHAPTER 39, ARTICLE II, BY
ESTABLISHING THE DOWNTOWN MIAMI SPECIAL VENDING
DISTRICT; REPEALING SECTION 39-17 AND SUBSTITUTING NEW
SECTION 39-17 (LIMITATIONS WITHIN DOWNTOWN MIAMI SPECIAL
VENDING DISTRICT); PROVIDING FOR INTENT, DEFINITIONS,
DISTRICT BOUNDARIES; EXCLUSIVE VENDING FRANCHISE
OPPORTUNITIES; ETC. (See label 26)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 29. First reading. Is there a motion on item 29?
Commissioner Gort: Mr. Mayor, on first reading, I'd like to explain to them that they've got a
chance at second reading. My understanding is, we have been getting together with the vendors,
and I've worked with them, and I think we... They only have about two or three items of
disagreement that they disagree with. At this time, since it's the first reading, I'd like to move it.
Mayor Clark: Is there a second?
Commissioner Plummer: For first reading, I have no problem with that, and then, of course,
there can be major changes between now and second reading.
Commissioner Gort: Sure.
Mayor Clark: Well, if that be the case...
Commissioner Plummer: But at least...
Mr. George Knox: May I speak to that, please?
Commissioner Plummer: Yeah, George.
Mr. Knox: Please excuse me, Mr. Mayor and members of the Commission. For the record, I
think that it is...
Commissioner Plummer: Would you like to wait until Commissioner De Yurre arrives?
Mr. Knox: All right.
Commissioner Plummer: I think we should have a full Commission.
Mr. Knox: Thank you. I'll announce my appearance for the record. I'm George F. Knox. I'm
an attorney with offices at 2601 South Bayshore Drive, and I have been... My law firm has been
retained by a group of vendors to address this particular matter.
Mayor Clark: I don't think we need to address this, George.
Commissioner Gort: It's first reading.
78 October 27, 1994
04
Mayor Clark: It's first reading.
Mr. Knox: Well, the difficulty is that we were really wanting to ask the Commission if it would
consider not adopting it on first reading, only because there are provisions in the ordinance as
drafted which the park...
Commissioner Gort: That can be changed in the second reading.
Mr. Knox: Yes, sir, I understand that, but it's also... There's also a presumption that that
represents the will of the Commission, if you formally adopt it on first reading.
Commissioner Gort: Yep.
Mr. Knox: Now, for example, it may be that I could persuade the vendors to have one reading of
the ordinance at your subsequent meeting, which would then accomplish the same effect, but at
least the language would reflect not only the will of the staff, the Commission, but also the
agreement of the parties. What we are suggesting is that inasmuch as no emergency exists at the
present time regarding this, because the vendors are represented by counsel, because the stakes
are very high, in terms of the ultimate outcome, because the parties are, in fact, both sides
negotiating not only in good faith, but with a desire towards a common solution that is
constructive, that it would just make that dialogue more congenial, if you will, if the parties
weren't operating under an ordinance that has been adopted on first reading, but which contains
provisions about which there is already agreement to the contrary. For example, the question of
the establishment of the so-called lottery. There are two substantive items which remain, and we
fully believe that they can be worked out. All we're asking is that the City Commission may be
in a position to facilitate a dialogue that would preempt a full blown public hearing with emotion
being expressed on both sides, occupying the Commission's time, if, in fact, you defer the item
in total, until the next meeting.
Commissioner Gort: George, George, for the sake of time, I'm the one that's been dealing with
this. I've been sitting down with them, and I've been sitting down with the other people, also. I
think we're all in agreement, and I understand, like you're saying, there's only two items or three
that they're in disagreement, and I think it can be worked out. Now it's four? Are you going go
to them all? Well, I don't have any problem, as long as you understand that the second reading,
there will be an emergency reading, that will be read on the same time. So we need to get this
done before certain days. OK?
Mr. Knox: I understand, and I'm certain that I can persuade the vendors of that.
Commissioner Plummer: No, no, no. George...
Mr. Knox: Yes, sir.
Commissioner Plummer: Not "you're certain." On behalf of the people that you represent, you
have acknowledged and will consent to a second reading being emergency item, which puts it in
effect immediately.
Mr. Knox: Let me explain this to them, if you don't mind.
Commissioner Plummer: Oh, please do.
Mr. Knox: All right.
Commissioner Gort: For the benefit of those that don't... When we have two readings, what we
do is, in the first reading, we pass it, and then whatever disagreement there is, you got time to get
79 October 27, 1994
Er
together with staff, and us, and on the second reading, some of those... those things, most of the
time, those things have been ironed out, and we can pass it. If not, then we'll take a decision
then. The second reading, if we don't go through this process, would be an emergency hearing,
and it would be made on the same date, anyway.
Mayor Clark: And that's the final hearing at that time, the second reading. All right. Listen to
your attorney. Don't try to be your own attorney.
[THIS ITEM WAS LATER TAKEN UP AGAIN. SEE LABEL 26]
----------------------------------------------------------------------------------------------------------------
24. SECOND READING ORDINANCE: AMEND CODE CHAPTER 40,
ARTICLE IV (PENSION AND RETIREMENT PLANS, DIVISION III) --
AMEND SECTION 40-250 REDEFINING SERVICES; REDEFINING
RETIREMENT; PROVIDING FOR TERM OF OFFICE WITHIN WHICH
ELECTED OFFICER BENEFITS SHALL VEST -- AMEND SECTION 40-255
(BENEFITS).
Mr. Cesar Odio (City Manager): Mr. Mayor, while they're discussing that, you could do 25 and
26.
Mayor Clark: 25 and 26. Read them into the record, Mr.... Offered by Mr. Gort, and
seconded...
Mayor Clark: All right. Call the roll. There's three of them.
An Ordinance entitled -
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 40 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PENSION AND
RETIREMENT PLANS, DIVISION III," MORE PARTICULARLY AMENDING
SECTIONS 40-250 AND 40-255; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
NAYS:
None.
ABSENT
None.
ABSTAINED:
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11191.
80 October 27, 1994
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
25. SECOND READING ORDINANCE: AMEND CODE CHAPTER 40,
ARTICLE IV (PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST) -- ADD NEW SECTION 40-247 (LIMITATION ON
COMPENSATION) -- PROVIDE FOR EFFECTIVE DATE.
Mayor Clark: Read the next ordinance.
A. Quinn Jones, III, Esq. (City Attorney): Moved and seconded?
Mayor Clark: Yes, sir. Call the roll, Madam Clerk.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, AMENDING ARTICLE IV OF CHAPTER 40, ENTITLED,
PENSION AND RETIREMENT PLANS, DIVISION 2. CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE
PARTICULARLY BY ADDING A NEW SECTION 40-247; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE FOR SECTION 40-247 ON SEPTEMBER 30, 1996.
passed on its first reading by title at the meeting of September 8, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11192.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Thank you.
81 October 27, 1994
----------------------------------------------------------------------------------------------------------------
26. CONTINUED DISCUSSION CONCERNING PREVIOUSLY CONTINUED
FIRST READING ORDINANCE RELATING TO STREET VENDING AND
PROPOSED CODE AMENDMENT TO ESTABLISH THE DOWNTOWN
MIAMI SPECIAL VENDING DISTRICT. (See label 23)
Mr. Clark: All right, Mr. Knox.
Mr. George Knox: Thank you very much, Mr. Mayor. On behalf of the vendors whom I
represent, I've been directed to advise you that they understand that the circumstances which
would exist in two weeks would create justification for an emergency, to the effect that the
ordinance could be passed on first reading at the next meeting of the City Commission. And the
only... I mean, not on first reading.
Commissioner Plummer: Emergency reading.
Mr. Knox: The only reading at the next meeting. The only thing that the vendors reserve, of
course, is the privilege to argue against the ordinance...
Commissioner Plummer: Oh, sure.
Mr. Knox: ... when it's being considered at the next meeting, if there's not complete agreement
on every essential item of the ordinance.
Mr. Cesar Odio (City Manager): Sure. That's their right.
Vice Mayor Dawkins: They've always had that right.
Mayor Clark: That right is always there, George.
Commissioner Plummer: You always had that right, George.
Mayor Clark: OK. All right. Then we just continue this over. Make a motion to defer.
Commissioner Plummer: And I hope, George, that you would so notify the vendors, and also the
people at downtown that the spirit of compromise is... usually works best around.
Mr. Knox: Yes, sir.
Mayor Clark: And nobody gets hurt then. Yes, ma'am.
Ms. Arleen Weintraub: The Downtown Miami Partnership individuals that are here are
requesting a time certain when it comes up in November.
Mayor Clark: Well, we'll do that. We'll give you a time certain.
Commissioner Gort: That's no problem. We'll do that. We'll make it so they can go ahead and
be at the place, and we'll let you know.
Mayor Clark: If it's worked out, it'll be in November. If it's not worked out, it'll be in
December.
82 October 27, 1994
Mr. Odio: Mr. Mayor, remember, we have to...
Ms. Georgina Pardo: Mr. Mayor, the... Our main concern... Georgina Pardo, from 244
Biscayne Boulevard. Our main concern, sir, is that the Summit is coming up. The Christmas
season is coming up, and we would like to see the situation remedied as soon as possible. We're
going to have a big clean up campaign starting November 17th.
Mayor Clark: We will do it on November the 17th.
Ms. Pardo: OK, Mr. Mayor.
Mayor Clark: All right.
Commissioner Plummer: May I ask a time certain? Is it better in the morning or the afternoon?
Unidentified Speaker: In the morning.
Commissioner Plummer: Why don't we make it nine o'clock in the morning?
Mayor Clark: Well, not nine o'clock. Let's make it ten. We'll have a consent... Ten o'clock in
the morning on November the 17th.
Commissioner Plummer: Ten o'clock is fine.
Commissioner Gort: Now, get back together, and continue to work and... OK?
Mr. Knox: We will. Yes, sir.
Commissioner Gort: I think we all want the same thing.
Mr. Knox: Yes, sir. Thank you very, very much.
Mayor Clark: Let me ask this gentleman why he wears a red jacket and the rest are blue? Is he
the captain, or the cardinal, or what?
Mr. Knox: Team captain.
Mr. Ricardo de la Hoz: Thank you, Mr. Mayor, Mr. Vice Mayor, Commissioners. Miami
Partnership. My name is Ricardo de la Hoz, 1048 Southwest loth Avenue. I wear a red T-shirt
like this, because this is my own business, Ricky's Hotdogs.
Mayor Clark: Very good.
Mr. de la Hoz: Yes, sir.
Mayor Clark: Thank you.
Commissioner Gort: Take the kids to school, will you?
Mayor Clark: Next item. Next item.
Mr. Knox: Thank you very much.
83 October 27, 1994
NOTE FOR THE RECORD: At this point, agenda item 29 was
deferrea until the ommiss on meeting of November 17, 1994, at
10:00 a.m.
----------------------------------------------------------------------------------------------------------------
27. FIRST READING ORDINANCE: AMEND CODE SECTIONS 62-71, 23.1-4
AND 23.1-5 RELATED TO THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD -- AMEND REQUIREMENTS FOR TERMS OF
OFFICE AND REMOVAL OF MEMBERS TO CONFORM WITH
PROVISIONS OF ORDINANCE 11130 -- ESTABLISH FEES FOR APPEALS
OF DESIGNATIONS AND CERTIFICATES OF APPROPRIATENESS.
Mayor Clark: Item number 30? All right. Let's go. Yes, ma'am.
Ms. Sarah Eaton: Mr. Mayor and members of the Commission, Sarah Eaton, Planning, Building
and Zoning. This is an amendment to the...
Mayor Clark: Listen, folks. Leave quietly. "Silencio. Hasta luego." All right.
Ms. Eaton: This is a proposed amendment to the City Code in order to make the requirements
for membership on the Historic and Environmental Preservation Board conform with Ordinance
11130.
Commissioner Plummer: I have two appointments; is that correct?
Ms. Eaton: No. That's the next item.
Commissioner Plummer: Oh. I'm sorry.
Mayor Clark: All right. Let's read this into the record.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
84 October 27, 1994
An Ordinance entitled -
AN ORDINANCE RELATED TO HISTORIC PRESERVATION AMENDING THE
REQUIREMENTS FOR TERMS OF OFFICE AND REMOVAL OF MEMBERS OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO
CONFORM WITH THE PROVISIONS OF ORDINANCE NO. 11130, ADOPTED
MARCH 24, 1994; ESTABLISHING FEES FOR APPEALS OF DESIGNATIONS
AND CERTIFICATES OF APPROPRIATENESS; MORE PARTICULARLY, BY
AMENDING SECTIONS 62-71, 23.1-4 AND 23.1-5 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
28. (A) APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
(Appointed were: Keith Soto, Arthur H. King, Sr., Richard Heisenbottle,
Jeanette Poole, Miguel Seco, Miichael John George, Raul L. Rodriguez,
& Michael Goldstein.) (See label 41)
(B) APPOINT WILLIE IVORY TO SERVE AS A MEMBER OF THE
PRIVATE INDUSTRY COUNCIL (PIC).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 31, my two appointments are reappointments of Mr. Raul
Rodriguez, and appointment of Mr. Michael Goldstein,
Mayor Clark: All right. Is that with New Price Associates?
A. Quinn Jones, III, Esq. (City Attorney): Now, keep in mind, Commissioner...
Commissioner Plummer: Somewhere along the line.
Mr. Jones: ... keep in mind that this requires... This is how many landscape architects, only one?
Never mind, I'm sorry. I had the wrong item.
Mayor Clark: On item 31, these are Commission appointments.
85 October 27, 1994
Vice Mayor Dawkins: And who has appointments on here?
Commissioner Plummer: I have ... They're appointments and reappointments.
Vice Mayor Dawkins: Everybody's got two, or everybody's got one, or what?
Mr. Cesar Odio (City Manager): It's two nominations per each Commissioner.
Commissioner Plummer: Two.
Mr. Odio: Two for each Commissioner.
Vice Mayor Dawkins: Everybody has two.
Commissioner Plummer: Yeah.
Mayor Clark: I will appoint Keith Soto as the architect. That's helping out Victor, all right?
Don't forget it, Victor.
Commissioner Plummer: Live in the City?
Mayor Clark: Apparently.
Ms. Sara Eaton: Yes, sir.
Mayor Clark: Yeah.
Commissioner Plummer: OK.
Mayor Clark: If not, we'll move him in.
Commissioner Plummer: He has an office in the City.
Vice Mayor Dawkins: OK. I have...
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I have... I'll leave Arthur King on, and I'll put Richard Heisenbottle as
the restoration architect. Those are my two.
Mayor Clark: All right.
Mr. Jones: Would you repeat the name again, Commissioner, the last name.
Vice Mayor Dawkins: Richard Heisenbottle, H-E-I-S-E-N-B-O-T-T-L-E.
Mayor Clark: Heisen "botella," right?
Commissioner Gort: Right.
Vice Mayor Dawkins: OK. Those are my two.
Commissioner De Yurre: Mr. Mayor, I'm going to appoint Jeannette Poole at this point in time
as a real estate broker, and as far as landscape architect, I'm going to reserve for the next
meeting.
86 October 27, 1994
Mayor Clark: I only get one on this board?
Commissioner Plummer: Everybody gets two, don't they?
Ms. Eaton: Everyone gets two.
Commissioner Plummer: Including the Mayor.
Ms. Easton: Pardon me?
Commissioner Plummer: Including the Mayor.
Ms. Eaton: Including. The Mayor also has a citizen appointment.
Mayor Clark: Why? Well, I can appoint anybody I want to, can't I?
Vice Mayor Dawkins: Yes, as long as they meet criteria.
Mayor Clark: Yes. I'm going to appoint as citizen Mr. Roger Barreto. That's all right.
Vice Mayor Dawkins: No, he's not a citizen.
Mayor Clark: The hell he's not. He's one that's older than you are.
Ms. Eaton: He is not on the list.
Commissioner Plummer: No, Steve. Steve, make sure you have no problem. He's on another
board.
Ms. Eaton: Excuse me, Mr. Mayor. You would need to wait until the next meeting to make that
appointment, because his name and qualifications have not been available to the public for five
days, which is required by Code.
Vice Mayor Dawkins: That's all right. Well, Mr. Mayor defers that appointment.
Mayor Clark: OK. I defer that one. All right. Mr....
Commissioner Gort: My appointments are Michael John George and Miguel Seco.
Mayor Clark: OK. Mr. "Plummero," you made yours?
Commissioner Plummer: Yes, sir, I made mine. Did you get the names, sir?
Mr. Jones: Raul Rodriguez and Pete... and...
Commissioner Plummer: And Michael Goldstein. I move the names proffered be approved.
Vice Mayor Dawkins: Second.
Mayor Clark: I'd like to make a motion. Excuse me, J.L., just a minute. Just include in there I
have an appointment on the Private Industry Council, Willy Ivory, a reappointment.
Vice Mayor Dawkins: OK.
87 October 27, 1994
Mayor Clark: You know him. A good man. He's the chairman now.
Ms. Eaton: Excuse me. Commissioner Gort, the name of your citizen appointment?
Commissioner Gort: Miguel Seco and John.
Mr. Jones: On the record, Commissioner.
Commissioner Gort: I put it on the record. She's got it over there.
Ms. Eaton: Because I don't believe the other name submitted an application and was available
for five days.
Commissioner Gort: George did not submit an application, right?
Ms. Eaton: Mr. George? No, he did not.
Mayor Clark: Do you have in there the reappointment of Mr. Willy Ivory, the Private Industry
Council? Just make it all together.
Ms. Matty Hirai (City Clerk): That was from the last meeting. We so noted, Mr. Mayor.
Mayor Clark: OK. Thank you. Any other appointments?
Commissioner Plummer: I move that the names proffered be approved.
Vice Mayor Dawkins: Second.
i
Mayor Clark: Cast a unanimous ballot.
The following motion and resolution were introduced by Commissioner Plummer, who moved
their adoption:
MOTION NO.94-762
A MOTION A MOTION APPOINTING THE HEREINBELOW LISTED
INDIVIDUALS TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD:
RAUL RODRIGUEZ (appointed by Commissioner Plummer)
MICHAEL GOLDSTEIN (appointed by Commissioner Plummer)
KEITH SOTO (appointed by Mayor Clark)
ARTHUR H. KING, SR. (appointed by Vice Mayor Dawkins)
RICHARD HEISENBOTTLE (appointed by Vice Mayor Dawkins)
JEANETTE POOLE (appointed by Commissioner De Yurre)
MICHAEL JOHN GEORGE (appointed by Commissioner Gort)
MIGUEL SECO (appointed by Commissioner Gort)
(Note: The above cited appointments were later incorporated into Resolution 94-771.
Pending still are two appointments, one to be made by Mayor Clark and one to be made
by Commissioner De Yurre.)
88 October 27, 1994
19
RESOLUTION NO. 94-762.1
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE PRIVATE INDUSTRY
COUNCIL (PIC) OF SOUTH FLORIDA FOR TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the motion resolution were passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
[Note: The essence of M 94-762 is incorporated into R 94-771. See label 41.1
----------------------------------------------------------------------------------------------------------------
29. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE CODE
ENFORCEMENT BOARD. (Appointed were: Jimmy Morales & Humberto
Hernandez.)
----------------------------------------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor, if I may. I need to reappoint in Code Enforcement,
Jimmy Morales. I would so move.
Commissioner Plummer: Which Morales?
Commissioner De Yurre: Jimmy.
Commissioner Plummer: Oh.
Vice Mayor Dawkins: OK. I'll second his motion, because I have to appoint someone, too.
Mayor Clark: All right. Go ahead.
Vice Mayor Dawkins: My appointee resigned last night, so therefore, I'd like to appoint
Humberto... What's Humberto's name? He used to be the City Attorney. Humberto what?
Commissioner De Yurre: Humberto Hernandez.
Mr. Jones: What, the Assistant?
Vice Mayor Dawkins: Humberto Fernandez. Humberto Hernandez.
89 . October 27, 1994
No
Mr. Jones: Humberto Hernandez?
Commissioner De Yurre: Humberto Hernandez?
Mr. Cesar Odio (City Manager): Hernandez, yeah.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: He understands without fee.
Mr. Odio: By the way, this is item 48, Commissioners. This is item 48 that you're talking
about.
Mayor Clark: No, no.
Vice Mayor Dawkins: We're on 30...
Mayor Clark: We just...
Vice Mayor Dawkins: No, no, no, that was a pocket item. These two pockets.
Mr. Odio: Yeah, but you don't need to, because item 48 is the Code Enforcement appointments.
Commissioner De Yurre: So we just took it out of turn.
Vice Mayor Dawkins: OK.
Mayor Clark: Well, he just took it out of turn, so we'll pass it. Go ahead.
Vice Mayor Dawkins: All right. Thank you.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Call the roll.
Mr. Odio: So you took 48 now.
Mayor Clark: All in favor, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign.
90 October 27, 1994
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-763
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CODE ENFORCEMENT BOARD OF THE CITY OF MIAMI,
FLORIDA, TO FILL THE REMAINDER OF UNEXPIRED TERMS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------
30. FIRST READING ORDINANCE: AMEND CODE -- AMEND ORDINANCE
11130 BY AMENDING REQUIREMENTS FOR TERMS OF OFFICE AND
REMOVAL OF MEMBERS OF THE URBAN DEVELOPMENT REVIEW
BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 32.
Mayor Clark: Thirty-two, by Mr. Plummer. Seconded by Mr....
Vice Mayor Dawkins: I'll second it.
Mayor Clark: All right. Cast a unanimous ballot, Madam Clerk.
A. Quinn Jones, III, Esq. (City Attorney): I have to read the...
Commissioner Plummer: It's an ordinance.
Mayor Clark: An ordinance? All right. Call the roll.
91 October 27, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE REQUIREMENTS FOR TERMS OF OFFICE
AND REMOVAL OF MEMBERS OF THE URBAN DEVELOPMENT REVIEW
BOARD TO CONFORM WITH THE PROVISIONS OF ORDINANCE NO. 11130,
ADOPTED MARCH 24, 1994; MORE PARTICULARLY BY AMENDING
SECTION 62-84 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
31. APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE URBAN
DEVELOPMENT REVIEW BOARD. (Appointed were: Wayne Williams &
Willy Bermello.)
Mayor Clark: Next item.
Commissioner Plummer: Thirty-three, my two appointments, or reappointments. Both Mr.
Wayne Williams and Mr. Willy Bermello.
Mayor Clark: What do I have here, Lisa? All right. I have no appointments until this afternoon.
Commissioner Plummer: Isn't it B-E-R-N-E?
Mayor Clark: Make a copy so I have a copy.
Vice Mayor Dawkins: I don't know if I have any or not, but it doesn't matter.
Mayor Clark: OK. Anything further on 33? Cast a unanimous ballot with those names.
Mr. Jones: Wait. Wait, wait.
Ms. Matty Hirai (City Clerk): Ten appointments are needed, Mr. Mayor.
Mr. Jones: You only have two.
92 October 27, 1994
Mayor Clark: Ma'am?
Ms. Hirai: Ten appointments are needed in connection with this.
Mayor Clark: Well, they must hold them up till this afternoon.
Ms. Hirai: We only have two. The rest are tabled.
Vice Mayor Dawkins: Who's got two?
Mr. Jones: And those are the two you proffered, Commissioner Plummer.
Commissioner Plummer: What?
Mr. Jones: So you only had two. Two.
Commissioner Plummer: I proffered my two.
Ms. Hirai: Yes, you did.
Vice Mayor Dawkins: And that was it.
Commissioner Plummer: And I move the names proffered be accepted.
Vice Mayor Dawkins: Second.
Mayor Clark: That's right. Cast a unanimous ballot.
Commissioner Plummer: You bet your bippy.
Mayor Clark: Now, what do they have to do? They have to appply for this?
Commissioner Plummer: No. They already have.
Mr. Joe McManus: Mr. Mayor, we suggested... We contacted the local chapter of AIA
(American Institute of Architects), and the local Landscape Architects Chapter. We suggested
anybody interested submit their names or resumes directly to your offices.
Commissioner Plummer: In my case, it was reappointments, and we just sent them to...
Mayor Clark: All right. Well, let's...
Commissioner Gort: I don't have any.
Mr. Jones: It's part of the package.
Mayor Clark: Well, you have those all? This is what you have here? Is that the list you have
here?
Mr. McManus: Yes, sir. Well, the attached list is the former...
Commissioner Plummer: Steve, you can go back out.
93 October 27, 1994
5W
Mr. McManus:... former incumbents.
Commissioner Plummer. Go back out again.
Mayor Clark: What?
Commissioner Plummer: You can go back out and readvertise.
Mayor Clark: Yeah. OK, that's fine,
Commissioner Plummer: Put any names in there you want.
Commissioner De Yurre: Well, just call the architectural school at the university and get them
interested, get them involved.
Mayor Clark: Cast a unanimous ballot on those two appointments.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-764
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
94 October 27, 1994
,,A
----------------------------------------------------------------------------------------------------------------
32. AUTHORIZE CITY ATTORNEY TO INITIATE LEGAL PROCEEDINGS
AND CIVIL ACTION AGAINST RALPH D. AND GAIL PACKINGHAM
D/B/A HAIRSTYLES BY MR. RALPH (AS OWNERS AND INDIVIDUALLY)
TO RECOVER LOAN FUNDS ($6,947.28, PLUS INTEREST) MADE TO SAID
INDIVIDUALS THROUGH CITYWIDE SMALL BUSINESS
DEVELOPMENT LOAN PILOT PROGRAM.
Mayor Clark: Let's go to item 34.
Commissioner Plummer: Mr. City Attorney, Mr. Packingham was here before and said he
wanted time to talk, and I guess, obviously, he hasn't talked. He owes money. I move 34.
Mayor Clark: All right.
Vice Mayor Dawkins: Thirty-four?
Mayor Clark: Second?
Commissioner Plummer: I hate to see it, because I think that man did travel with all good
intentions, but if you make an obligation, and you fail in the obligation, then the City has to
proceed to protect itself. So that's why I move the item.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Seconded. Any exceptions? Hearing none, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-765
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INITIATE
APPROPRIATE LEGAL PROCEEDINGS AND CIVIL ACTION AGAINST RALPH
D. AND GAIL PACKINGHAM D/B/A HAIRSTYLES BY MR. RALPH, AS OWNERS
AND INDIVIDUALLY, TO RECOVER LOAN FUNDS, IN THE AMOUNT OF
$6,947.28, PLUS INTEREST, MADE TO SAID INDIVIDUALS VIA THE CITYWIDE
SMALL BUSINESS DEVELOPMENT LOAN PILOT PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
95 October 27, 1994
N
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
33. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO RESCHEDULE PUBLIC HEARING REGARDING REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF THE MEGA YACHT
MARINA ON CITY -OWNED WATERFRONT PROPERTY AT WATSON
ISLAND; ETC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Thirty-five. We're moving.
Mr. Cesar Odio (City Manager): This is to reschedule a public hearing to take testimony
regarding the development of the Mega Yacht Marina and related use on City -owned waterfront
property at Watson Island.
Commissioner Gort: Move it.
Commissioner Plummer: Have we seen the draft copy?
Mr. Jack Luft: No, sir. We were supposed to come back at the 13th, but that meeting was
rescheduled to today, and we're going to wait till after the November ballot on the Charter.
Commissioner Plummer: Well, I think...
Mr. Luft: And we'll be back to you next week with that material.
Vice Mayor Dawkins: Next week?
Commissioner Plummer: Yeah, but we're going...
Mr. Luft: Commission hearing is the 17th.
Commissioner Plummer: Yeah, but that gives me few days to run through it. I would like to
defer this item.
Mr. Luft: All right. Well, we still haven't got the appraisals back, is what I'm waiting on.
Commissioner Plummer: Well, but, you know, you're putting the cart in front of the horse. As
far as I'm concerned, let's defer it until the Commission has all of the materials.
96 October 27, 1994
Vice Mayor Dawkins: Second the motion.
Mayor Clark: Cast a unanimous ballot. It's been deferred.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONEIR PLUMMER AND SECONDED BY VICE
MAYOR DAWKINS, ITEM 35 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
�; 34. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO RESCHEDULE PUBLIC HEARING REGARDING REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF THE VIRGINIA KEY
CAMPGROUND AND ANCILLARY RECREATIONAL FACILITIES ON
CITY -OWNED WATERFRONT PROPERTY ON VIRGINIA KEY BEACH;
ETC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 36.
Commissioner Plummer: That one, I want to move, Mr. Mayor.
Mr. Cesar Odio (City Manager): Well, it's the same. It's the same as the other one. I want to
know...
Commissioner Plummer: No, we had the... We had the RFP (Request for Proposals).
Mr. Odio: I want to know know, what is the difference?
Commissioner Gort: No, no, no. Explain to me what is the difference in these.
Mayor Clark: Please.
Commissioner Plummer: Did we have the RFP on this one? I've seen an RFP.
Mr. Jack Luft: On the campground?
Commissioner Plummer: Yes.
Mr. Odio: It's the same process.
97 October 27, 1994
Mr. Luft: It's not completed yet. It's written, but I have to...
Vice Mayor Dawkins: I defer this one, because I haven't seen the RFP.
Mr. Luft: I have to wait till the appraisals come in.
Commissioner Plummer: I agree.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: I agree, it should be...
Mr. Luft: We'll bring it back. Can we?
Vice Mayor Dawkins: All right. I defer that one because I haven't seen the RFP.
Mayor Clark: It's been deferred.
Mr. Luft: Can we set it for the December meeting?
Vice Mayor Dawkins: Thirty-seven.
Mayor Clark: It has been deferred.
[At this time, item 36 was deferred.]
----------------------------------------------------------------------------------------------------------------
35. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO RESCHEDULE PUBLIC HEARING REGARDING REQUEST FOR
PROPOSALS (RFP) FOR DEVELOPMENT OF THE MIAMI MARINE
STADIUM AND RELATED MARINE AND RECREATIONAL USES ON
CITY -OWNED WATERFRONT PROPERTY AT 3601 RICKENBACKER
CAUSEWAY -- DIRECT ADMINISTRATION TO DRAFT RFP IN SUCH A
WAY AS TO SPLIT IT INTO SECTIONS A, B & C, IN ORDER TO ALLOW
BIDDERS TO BID ON EITHER ANY ONE SECTION OR ON ALL THREE
SECTIONS.
Mayor Clark: Item 37.
Commissioner Plummer: OK. Thirty-seven, I haven't seen the RFP on this one.
Mayor Clark: Get them all together at one time.
Mr. Cesar Odio (City Manager): What we're trying to do, just...
Vice Mayor Dawkins: What you going to do? Defer it? Do it?
Commissioner Plummer: Defer it.
Mr. Odio: We were trying to save time.
98 October 27, 1994
19.
W
Commissioner Plummer: You want to be uniform, let's... And by the way, this is not just from
what I read here, a redoing of what we did before.
Mr. Jack Luft: No, sir.
Commissioner Plummer: OK?
Mr. Luft: We've never done this before.
Commissioner Plummer: Well, but who gave authorization or who even...
Mr. Luft: You did. In June, June...
Commissioner Plummer: To put the Marine Stadium together with this?
Mr. Luft: No. They're separate RFPs. They're separate.
Commissioner Plummer: That isn't that way... It's here as one item.
Mr. Luft: No. There's three separate items. A campground is one item, marine stadium is the
other, and Watson...
Commissioner Plummer: No, sir. Item 37.
Mr. Luft: Yes.
Commissioner Plummer: You are incorporating the Marine Stadium with the marine facilities.
Mr.Odio: No.
Mr. Luft: No, sir. No.
Mayor Clark: No, that's all separate.
Mr. Luft: It's the Marine Stadium, period. It's not the boatyard.
Commissioner Plummer: Excuse me.
Mr. Luft: OK.
Commissioner Plummer: Unless I don't speak English...
Vice Mayor Dawkins: You don't.
Commissioner Plummer:... let me read to you.
Mr. Luft: Yes.
Commissioner Plummer: For the development of the Miami Marine Stadium and related marine
and recreational uses.
Mr. Luft: Yes.
Mr.Odio: Yes.
99 October 27, 1994
Mr. Luft: That's right.
Commissioner Plummer: That is very broad. It could be the marina...
Mr. Luft: No, it doesn't. What it means is...
Commissioner Plummer: Sir, I'm telling you what I'm reading.
Mr. Luft: OK.
Commissioner Plummer: OK?
Commissioner Gort: That's your interpretation. His is different.
Mr. Odio: The land...
Commissioner Plummer: You don't spell out...
Mr. Odio: ... is the Marine Stadium proper.
Commissioner Plummer: That's it.
Mr. Odio: And that will include marine -related activity.
Commissioner Plummer: Such as?
Mr. Odio: Not only the stadium. You could have... Whatever. Jack?
Mr. Luft: We could have recreational sailing programs off of there into the basin, when we
don't have concerts. You want to give the developer of the Marine Stadium site the opportunity
to provide any consistent recreational service that works in the basin.
Mayor Clark: Let me ask this question.
Mr. Luft: It's not just a stadium.
Commissioner Plummer: Yeah.
Mayor Clark: Mr. Manager...
Mr. Luft: It's certainly not a boatyard.
Mayor Clark: OK. Let me ask this question. What are those boats anchored out in the middle
of that stadium for?
Mr. Odio: That, they just anchor there, spend overnight.
Mayor Clark: They live aboard. I saw a boat there for five...
Mr. Odio: They do. I hit one the other day. I mean, you can't see them at night. They do come
in and anchor there, and some of them are from out of town.
Mayor Clark: You got to get rid of them.
j; 100 October 27, 1994
W
Commissioner Plummer: You can't.
Mr. Odio: I don't believe... We cannot.
Commissioner Plummer: You cannot.
Mr. Odio: I believe we cannot.
Commissioner Plummer: It's just like the anchorage out here.
Mayor Clark: They park right in the middle of the stadium?
Mr. Odio: They anchor in the basin, right in the middle of the basin.
Commissioner Plummer: We don't own the water, that's the problem.
Mr. Odio: It's safe waters, and they're protected from the weather, so...
Commissioner Gort: It's a nice place.
Mayor Clark: A good place to pay no rent, isn't it?
Commissioner Gort: Mr. Mayor.
Mayor Clark: All right. What are we doing on 38?
Commissioner Gort: Mr. Mayor, let me ask you a question. My understanding is we are having
an RFP for the Marine Stadium. My understanding from the past is that that stadium has to be
knocked down, or has that changed?
Mr. Odio: The condition of the stadium itself, the roof is a cantilever roof concrete, and it's
cracked. It has to come off. So what we thought then and now is that the stadium should be put
out an RFP, bring in a private developer, and maybe they can create a smaller theater, and other
activities in there.
Commissioner Gort: OK. Let me ask you... Let me go back to my question, then, originally.
When this first came in front of us, and I don't know if you all recall, I was in favor of doing an
RFP for the whole thing. Right now, we do an RFP, we got three different properties within the
same distance. Why don't we put all this together?
Mr. Odio: Because that did not pass. We had the boatyard that was owned by Zamora. I
wanted to incorporate it with this, and it was not...
Commissioner Gort: I understand that, but can we look at that again, Mr. Mayor? Can we bring
that back as a discussion item or something?
Mr. Odio: That is your decision.
Commissioner Plummer: You're saying...
Commissioner Gort: What I'm saying is, you got a beautiful property there. My understanding
is - I'm not a developer - my understanding is the larger the property the people have to work
with, the better project they can come up with.
101 October 27, 1994
Vice Mayor Dawkins: Make your motion. I'll second.
Mayor Clark: Well, wait a minute. Let me tell you something. You have people in there that
have bid on something already. Because we didn't get three bids, it's in abeyance right now.
Right? Until we...
Mr. Luft: Right.
Mr. Odio: No. We have to start the process all over again.
Commissioner. Gort: The whole... It has to be done, the whole thing, again.
Mr. Left: Yeah.
Mr. Odio: We have to start the process all over.
Commissioner Plummer: But this is not the same process. This is a different process.
Mr. Luft: No.
Mr. Odio: No, no, no. It was...
Mr. Luft: They're really two different projects.
Commissioner Plummer: I understand.
Mr. Odio: What he's saying is that we should combine - if I understand you right,
Commissioner - the Marine Stadium with the other boatyard.
Mayor Clark: No. No.
Commissioner Plummer: You can't.
Mr. Odio: That's what he's saying.
Commissioner Plummer: You can't do it. The man has filed for bankruptcy.
Mr. Odio: But it has nothing to do with the bankruptcy, Commissioner.
Vice Mayor Dawkins: What man?
Commissioner Plummer: Well, I was...
Vice Mayor Dawkins: We're talking about development of the property.
Commissioner Plummer: Zamora filed his bankruptcy.
Vice Mayor Dawkins: We're not talking about...
Mr. Odio: He's talking about the future, and you're talking about the past and the present, when
that settles... that bill is settled...
Commissioner Plummer: You got a crystal ball? I mean you can deal into the future?
102 October 27, 1994
Mr. Odio: They don't have a lease to that property.
Commissioner Plummer: I understand that, but my impression...
Mr. Odio: They might file bankruptcy. They do not have a lease to that property.
Mayor Clark: What are we going to do with the people that have put up so much money,
invested so much money right now...
Commissioner Gort: They have to come back anyway.
Mayor Clark:... and they come back for a new operation, for another bid?
Commissioner Plummer: Oh, yeah.
Commissioner Gort: They have to come back.
Mayor Clark: You're going to add this to the other?
Mr. Odio: Well, that's what he's saying.
Commissioner Gort: That's what I'm suggesting.
Mr. Odio: That's what he suggests.
Commissioner Gort: See, Mr. Mayor, my understanding is... The reason I'm suggesting this,
my understanding is that the whole RFP process that we passed, it was annulled, and we had to
do it again, the whole RFP process.
Mr. Luft: That's right.
Commissioner Gort: Maybe by putting the two properties together, it gives an opportunity to the
person to do even a better project.
Mayor Clark: Well...
Commissioner Plummer: Well, let me tell you the only thing I'll vote for, Willy. I'll vote for
what your idea and conception is, if it is in an "A," "B," and "C."
Vice Mayor Dawkins: That's right.
Commissioner Plummer: OK? Where they could bid on only one portion, or two portions, or
all. OK?
Vice Mayor Dawkins: Or all of it.
Mr. Odio: That's a good idea. We could...
Commissioner Plummer: That's the only way I could vote on that.
Mr. Luft: Sure.
Vice Mayor Dawkins: That's what we... That's the motion.
103 October 27, 1994
Mayor Clark: All right.
Commissioner Gort: OK. So I move.
Mr. Odio: We could develop one RFP, and that could be split within "A," "B," and "C."
Commissioner Plummer: One or all.
Commissioner Gort: It gives an opportunity to someone to come in with an ideal project.
Mayor Clark: All right. Cast a unanimous ballot.
Vice Mayor Dawkins: There you go, Mr. Mayor.
Mayor Clark: All right.
Mr. Luft: OK. We can do that. Yeah.
Mayor Clark: Let's go forward to the next item, number 38.
Commissioner Plummer: So 35, 36 and 37 are deferred.
Mayor Clark: Yes, sir.
Mr. Luft: We'll be back in...
Vice Mayor Dawkins: Thirty-eight is withdrawn, Mr. Mayor.
Mayor Clark: Thirty-eight has been withdrawn.
Mr. Luft: ... in December with those.
[At this point, item 37 was deferred with a directive to the Administration]
----------------------------------------------------------------------------------------------------------------
36. AMEND RESOLUTION 94-539, WHEREBY CITY COMMISSION
ACCEPTED THE BID OF SEALAND CONTRACTORS, INC. FOR OLYMPIC
POOL COMPLEX AT CHARLES HADLEY PARK - B-6211 (CIP 331349),
THEREBY INCREASING SAIb BID AWARD TO INCLUDE ADDITIVE
ALTERNATE ITEM NO. 1 FOR INSTALLATION OF HEAT PUMPS /
WELLS; REALLOCATING FUNDS FOR SAID PROJECT -- EXECUTE
CONTRACT.
Mayor Clark: Thirty-eight has been withdrawn. Thirty-nine.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: With no exception, cast...
104 October 27, 1994
Commissioner Gort: No, this was pulled off.
Commissioner Plummer: What?
Mayor Clark: Thirty-nine?
Commissioner Plummer: Pulled out when? You're on 40. We're on 39.
Mr. Cesar Odio (City Manager): No, sir.
Commissioner Gort: Oh. Sorry about that.
Mr. Odio: No, sir.
Commissioner Plummer: Yeah.
Commissioner Gort: I'm ahead of you guys.
Commissioner Plummer: Yeah.
Mayor Clark: Yeah. This is Miller's beautiful swimming pool.
Vice Mayor Dawkins: Mm-hmm.
Commissioner Plummer: Stick with the program.
Commissioner Gort: OK.
Mayor Clark: Cast a unanimous ballot.
The following resolution was introduced by Vice Commissioner Plummer, who moved its
adoption:
RESOLUTION NO.94-766
A RESOLUTION AMENDING RESOLUTION NO. 94-539, ADOPTED JULY 14,
1994, WHEREBY THE CITY COMMISSION ACCEPTED THE BID OF SEALAND
CONTRACTORS, INC. FOR THE TOTAL BID OF THE PROPOSAL, FOR
"OLYMPIC POOL COMPLEX AT CHARLES HADLEY PARK - B-6211" (CAPITAL
IMPROVEMENT PROJECT NO. 331349), THEREBY: (1) INCREASING SAID BID
AWARD, IN AN AMOUNT NOT TO EXCEED $160,000, TO INCLUDE ADDITIVE
ALTERNATE ITEM NO. 1 FOR THE INSTALLATION OF HEAT PUMPS AND
WELLS; (2) REALLOCATING FUNDS FOR SAID PROJECT FROM FUNDS
PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO.
11139, AS AMENDED, IN THE AMOUNT OF $2,608,415 TO COVER CONTRACT
COSTS AND $415,585 TO COVER THE ESTIMATED EXPENSES FOR AN
ESTIMATED TOTAL PROJECT COST OF $3,100,000; AND (3) AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
105 October 27, 1994
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Forty has been withdrawn.
Commissioner Plummer: Right.
Commissioner Gort: I see Miller got me going this morning.
Commissioner Plummer: Forty-one, we've already done. We bought McCrary another
Thunderbird.
Vice Mayor Dawkins: Yes. OK, 41, mm-hmm.
----------------------------------------------------------------------------------------------------------------
37. RATIFY MANAGER'S EMERGENCY ACTION IN AUTHORIZING
INCREASE IN CONTRACT WITH J. BALSERA SCHOOL BUS SERVICE,
INC. ($18,400) -- FOR PROVISION OF ADDITIONAL BUS
TRANSPORTATION FOR PARTICIPANTS OF THE 1994 SUMMER
RECREATION PROGRAM.
Mayor Clark: Forty-two.
Commissioner Plummer: Forty-two. Here we are, another emergency. Boy...
Mr. Cesar Odio (City Manager): It was an emergency. We had to...
Commissioner Plummer: Are we in the...
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot. Let's keep going.
Commissioner Plummer: Are we in the emergency business.
106 October 27, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-767
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS (4J5THS) OF
THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE EMERGENCY ACTION OF THE CITY MANAGER IN
AUTHORIZING AN INCREASE IN THE CONTRACT WITH J. BALSERA SCHOOL
BUS SERVICE, INC., IN THE AMOUNT OF $18,400.00, FOR THE PROVISION OF
ADDITIONAL BUS TRANSPORTATION FOR THE PARTICIPANTS OF THE 1994
SUMMER RECREATION PROGRAM; ALLOCATING FUNDS THEREFOR FROM
THE FISCAL YEAR 1994-95 OPERATING BUDGET OF THE PARKS AND
RECREATION DEPARTMENT, RECREATION DIVISION, ACCOUNT NO. 580301-
530.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
38. SELECT TEAM OF BERMELLO, AJAMIL AND PARTNERS AS THE MOST
QUALIFIED TEAM TO PROVIDE PROFESSIONAL SERVICES IN
CONNECTION WITH PREPARATION OF THE COCONUT GROVE
PLANNING STUDY. (Note: This motion was later rescinded and continued to
November 17th Commission meeting -- see labels 55 & 57)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Forty-three.
Commissioner Plummer: All right. Let me ask you, on 43, are we back into this feud again on
43?
Mr. Cesar Odio (City Manager): What feud?
Commissioner Plummer: Who is going to control it?
Mr. Joe McManus: The City of Miami controls the study. It's going to be...
Commissioner Plummer: Who picks the people that are going to do the project?
107 October 27, 1994
Mr. Odio: The selection committee that you appointed selected the architects.
Commissioner Plummer: Have we appointed a selection committee yet?
Mr. Odio: You did.
Mr. McManus: You did, last July.
Mr. Odio: And we're here to recommend what the selection committee approved.
Commissioner Plummer: OK. Refresh my memory of who is on that selection committee.
Mr. Odio: You appointed fifteen people to that committee, and they were from... Go ahead and
read that.
Mayor Clark: Who appointed whom, OK?
Commissioner Plummer: I think some of these were appointed prior to Gort and Clark, weren't
they?
Mr. McManus: This goes...
Commissioner Plummer: Yes, they were.
Mr. McManus: Commissioner, there was a discussion in July of '93, on July 22nd.
Commissioner Plummer: Yeah.
Mr. McManus: A long discussion where the Coconut Grove Village Council had suggested
approximately seventeen names of people from Coconut Grove.
Commissioner Plummer: I remember, sir.
Mr. McManus: This Commission told us, the Administration...
Commissioner Plummer: Right.
Mr. McManus: ... take that list, and we want... We, the Commission want fifteen names,
representing three names from each Commissioner.
Commissioner Plummer: Correct.
Mr. McManus: And it was clear that if any of the Commissioners wanted to offer their own
name, they could do that. So...
Commissioner Plummer: All right. My question is, Joe, very simply, I don't think
Commissioner Clark - Mayor Clark - and Commissioner Gort were here at the time.
Mr. McManus: That's correct.
Mayor Clark: No.
108 October 27, 1994
Commissioner Plummer: All right? And I think that they should have the right to put whoever
they want on that Committee. OK? Now, is that selection committee going to be doing the work
of the thing, or just the selection?
Mr. McManus: They are just recommending consultants...
Mr. Odio: Excuse me a minute. We asked fifteen citizens to meet for hours reviewing
applications. We asked the applicants to go through the pro...
Commissioner Plummer: Sir, before you get on your high horse...
Mr. Odio: And now you're going to throw this out?
Commissioner Plummer: ... it is only for the selection. I will withdraw any questions.
Mr. Odio: Well, they are...
Commissioner Plummer: Is that what it's for? Once that is selected, the committee is abolished.
Mr. Odio: Yes.
Mr. McManus: We will continue to work with people from Coconut Grove through the course
of the study, of course.
Mr. Odio: But we control...
Commissioner Plummer: You'll work always with the public.
Mr. McManus: Yes, right.
Commissioner Plummer: Anybody, not just the people of Coconut Grove. All I'm trying to
establish is, as you know before, the Village Council wanted to come in and run this entire
process... No, they did want to. OK? And it is fully understood that the money is going to be
allocated by the City, the contract is going to be allocated by the City, and the City is going to
run the show.
Mr. McManus: Absolutely.
Commissioner Plummer: Thank you, sir.
Mayor Clark: Let me ask you this. Whether ranked one, two, or three, this Commission has the
ability to pick any one of the three?
Mr. McManus: Yes, sir.
Mayor Clark: OK.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Gort: I asked, the last time we had something similar to this...
Commissioner Plummer: Oh, who are three?
109 October 27, 1994
Commissioner Gort: ... I asked that if we could have staff come in and give the report of the
work that was done by the committee, and how it went about it, so we can make our decision
Could we do that, please?
Commissioner Plummer: Who are the three firms?
Mr. McManus: The three firms, in rank order...
Commissioner Gort: Mr. Mayor, J.L.
Commissioner Plummer: Yeah, I hear you.
Commissioner Gort: What I'd like to do, instead of each one of us asking different questions,
why don't we let staff come in, make a presentation, then we ask questions?
Commissioner Plummer: I have no problem with that.
Mayor Clark: Then we'll have a little better idea, Joe. Right? OK. We'd have to select...
Mr. McManus: Well, do you want separate briefings, do I understand, Mr. Commissioner? Or...
Commissioner Gort: My understanding is, you went through a process, which I don't know
about it. I read a little bit about it in here, but I'd like for you to come in front of us and tell me,
this is the process that we utilized to select individuals, and these were the criteria, and the
guidelines that we used to select this individual, and this is why we recommend the following
individuals.
Mr. McManus: Mr. Mayor and Commissioners, in March of '93, this Commission directed the
Administration to engage consultants to conduct this planning study. We then... Items were
continued, there was discussion on the competitive selection committee. In October of '93, the
City Commission, by resolution, authorized the acquisition of professional services, and told us
to go out and start the consultant selection process. We had, first of all, a certification
committee, comprised of City and County people, myself, John Jackson from Public Works, and
Margot Ammidown, who at that time was with Metro Dade County's Historic Preservation
Division. We first of all went through the submittals to see if they were responsive to the RFQ
(Request for Qualifications). The RFQ had been previously sent out, and we had four responses.
On... The certification committee met on September 26th, and again on October 6th, and
qualified all the four teams. The competitive selection committee... And I can read those names
for you, if you want me to.
Mayor Clark: No, that's all right.
Commissioner Plummer: No, that's all right.
Mayor Clark: We're not going to select anybody today, I can assure you of that.
Mr. McManus:... met on October 17th...
Commissioner Plummer: No. All we're doing today, at best, is ranking the three.
Mr. McManus: ... and interviewed three firms. The fourth firm declined the interview. So then
they ranked the four firms, and on October 17th, the committee met, basically all day, from nine
to three interviewing the three firms, asking questions, and having discussions on the firms.
110 October 27, 1994
411 `"
Now, they were ranked based on, first of all, demonstration of creativity in skill in projects of
similar complexity and scope, as related to the services in this project; their professional
experience, including collaboration with previous members of the firm, with a proviso that there
is a deduction for previous work with the City of Miami, with either the prime or the sub -
consultants. And that's based on State law with the objective of spreading the work. Third...
Mayor Clark: If you want us to pick a team today, we'll pick a team today. But going through
all of this, now, is not reaching the second floor.
Mr. McManus: Let me just take two more minutes, and I... The third criteria is team
organization's assigned staff for the project. Fourth was capability of the team, including
individuals assigned, land use planning, architecture, historic preservation, landscape
architecture and transportation. The fifth criteria was minority participation. On that basis, the
competitive selection committee then ranked as... Team ranked number one is Andres Duany and
Elizabeth Plater-Zyberk, and their team of sub -consultants. Team ranked... And they are
women -owned, and that team, the prime is located in the City of Miami. Team ranked number
two is Wallace, Roberts and Todd, who is non -minority, and they are located in the City of Coral
Gables. Team ranked number three is Bermello, Ajamil and Partners. They are minority -owned,
located in the City of Miami. And the team ranked number fourth, and this is a team that
declined to be interviewed, is Joe Middlebrooks and Associates. That is a minority firm located
in the City of South Miami. Thank you.
Commissioner Plummer: Why did it refuse to be interviewed, was there a reason?
Mr. McManus: They didn't give a reason.
Commissioner Plummer: I don't guess they have to.
Mayor Clark: OK.
Commissioner Plummer: I'll make a motion.
Mayor Clark: All right.
Vice Mayor Dawkins: I would like, like Commissioner Gort, to request that you come and sit
with us and explain this to us? Is that going to be done?
Commissioner Gort: That's what I asked him to do.
Vice Mayor Dawkins: Did it now?
Commissioner Plummer: All right. Do we have to rank... Do we have to give three, or can we
give just one?
A. Quinn Jones, III, Esq. (City Attorney): You got to choose one.
Commissioner Plummer: I choose one. Then, I will make a motion to accept the team,
Bermello, Ajamil and Partners. They are located in the City of Miami.
Mayor Clark: All right.
Commissioner De Yurre: Second.
Mayor Clark: Second?
111 October 27, 1994
1 =r
Commissioner De Yurre: I second.
Mayor Clark: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-768
A MOTION SELECTING THE TEAM OF BERMELLO, AJAMIL AND PARTNERS
AS THE MOST QUALIFIED TEAM TO PROVIDE PROFESSIONAL SERVICES IN
CONNECTION WITH THE PREPARATION OF THE COCONUT GROVE
PLANNING STUDY.
[Note: This motion was later rescinded and the issue was rescheduled for the November
17th Commission meeting.]
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Next item. Item...
Commissioner Plummer: How much is that study going to cost?
Mr. McManus: It would be up to a hundred and fifty thousand.
Mayor Clark: Item 44.
Commissioner Plummer: Whew!
Mr. McManus: That contract, of course, will come back to you.
Mayor Clark: OK.
112 October 27, 1994
IN
-- -------------------------------------------------------------------------------------------------------------
39. ACCEPT BID: CONSOLIDATED BUILDERS ENTERPRISES, INC.
($165,266, TOTAL BID) -- FOR PROJECT: LEGION PARK BUILDING
RENOVATIONS, B-2989 (SECOND BIDDING) -- ALLOCATE FUNDS (CIP
331312) -- EXECUTE CONTRACT.
Mayor Clark: Item 44. Mr. Manager, you recommend this?
Commissioner Plummer: Move it.
Mayor Clark: Second. With no exception, cast a unanimous ballot.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-769
A RESOLUTION ACCEPTING THE BID OF CONSOLIDATED BUILDERS
ENTERPRISES, INC., IN THE PROPOSED AMOUNT OF $165,266, TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED "LEGION PARK BUILDING
RENOVATIONS, B-2989 (SECOND BIDDING)"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 331312, LEGION PARK RENOVATIONS
SETTLEMENT,9)05AvD PROJECT NO. 332320, LEGION PARK INSURANCE
FOR A TOTAL AMOUNT OF $165,266 TO COVER THE
CONTRACT COSTS AND $20,593 TO COVER THE ESTIMATED EXPENSES, FOR
AN ESTIMATED TOTAL PROJECT COST OF $185,859; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
113 October 27, 1994
----------- --------------------------------------------------------------------------------------------------
40. AUTHORIZE INCREASE ($25,000) IN CONTRACT WITH HORIZON
CONTRACTORS, INC. FOR PROJECT: ALLAPATTAH COMMUNITY
DEVELOPMENT STREET IMPROVEMENT -PHASE V. B-4552 --
ALLOCATE FUNDS FROM CIP 341181 -- RATIFY CITY MANAGER'S
WRITTEN FINDING THAT THE HEREIN INCREASE RESULTED FROM
EMERGENCY CIRCUMSTANCES.
------------------------------------------------ ---------------------------------------------------------------
Mayor Clark: Forty-five.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Cast a unanimous ballot, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-770
A RESOLUTION AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO
EXCEED $25,000.00, IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA AND HORIZON CONTRACTORS, INC. DATED JANUARY 13, 1994,
THEREBY INCREASING SAID CONTRACT FROM $375,011.50 TO $399,011.50
FOR THE PROJECT ENTITLED "ALLAPATTAH COMMUNITY DEVELOPMENT
STREET IMPROVEMENT -PHASE V., B-4552"; ALLOCATING FUNDS THEREFOR
FROM FUNDS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS
ORDINANCE NO. 11139, PROJECT NO. 341181; RATIFYING, APPROVING AND
CONFIRMING BY AN AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE
MEMBERS OF THE CITY COMMISSION, THE CITY MANAGER'S WRITTEN
FINDING THAT THE HEREIN INCREASE RESULTED FROM EMERGENCY
CIRCUMSTANCES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
114 October 27, 1994
----------------------------------------------------------------------------------------------------------------
41. (Continued discussion) CONFIRM APPOINTMENTS OF INDIVIDUALS AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD -- WAIVE RESIDENCY REQUIREMENT AS IT CONCERNS
RICHARD HEISENBOTTLE AND RAUL RODRIGUEZ. (See label 28A)
Commissioner Plummer: I need... Joel, I need to make a motion waiving residence requirement
on who?
Joel Maxwell (Assistant City Attorney): Richard Heisenbottle and...
Commissioner Plummer: Richard Heisenbottle, which is yours.
Vice Mayor Dawkins: Yes.
Commissioner De Yurre: Not him again.
Commissioner Plummer: And Raul Rodriguez, which is mine. I so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
Commissioner Plummer: For the Heritage Preservation and whatever board.
Mayor Clark: All right. Yes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-771
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD FOR TERMS OF OFFICE AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
115 October 27, 1994
W
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Cesar Odio (City Manager): We need to change the December meeting.
Commissioner Plummer: Four/fifths vote. Wait a minute.
Vice Mayor Dawkins: Call the roll.
Mayor Clark: Please, please, just a minute.
Vice Mayor Dawkins: Go right ahead, sir.
--------------------------------------------- ------------------------------------------------------------------
42. AMEND RESOLUTION 94-671.2, THEREBY SCHEDULING THE FIRST
AND SECOND REGULAR CITY COMMISSION DECEMBER MEETINGS
TO TAKE PLACE ON DECEMBER 1, 1994.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We've got to change the meeting date in December. We are going to be so tied
up until about the 12th of December.
Mr. Odio: Yeah.
Mayor Clark: We should have a meeting about... one meeting in December, about the 15th, or
what is the Thursday in December?
Commissioner Plummer: Oh, don't do that.
Mr. Odio: No. The problem is, with December 8th, you have the opening, the beginning of the
summit.
Mayor Clark: We can't have that.
Mr. Odio: And you cannot.
Mayor Clark: What is the one meeting date in December? The third Thursday.
Vice Mayor Dawkins: That's the 15th.
Commissioner Plummer: That's my birthday.
116 October 27, 1994
Mr. Odio: I think we originally had it there, and it was moved for some reason, Mr. Mayor. I
don't remember what it was.
Commissioner Plummer: Well, what date are you proffering?
Mayor Clark: 15th of December. One meeting the month of December.
Commissioner Plummer: How about the 1st? How about the 1st, and being the only meeting?
Vice Mayor Dawkins: What? The first day of December?
Commissioner Plummer: Yeah.
Vice Mayor Dawkins: OK. That's a Thursday.
Mr. Odio: And that would be the only meeting for December.
Commissioner Plummer: Yes.
Mr. Odio: OK.
Mayor Clark: All right. The 1st of December, "solamente. No mas."
Commissioner Plummer: Jingle bells, jingle bells.
Mayor Clark: Yeah. OK.
Commissioner Plummer: I move that the motion (sic) of December be only in the morning, the
regular agenda, and the afternoon, planning and zoning, be the only meeting of the month, on
December 1, 19...
Mayor Clark: Let me ask a question. What is the first meeting date in January?
Mr. Odio: January, January...
Commissioner Plummer: It would be the second Thursday of the month, whatever the second
Thursday is.
Mayor Clark: Was it the second Thursday?
Ms. Matty Hirai (City Clerk): Second and fourth Thursdays, but I don't have a calendar.
Mayor Clark: All right. Second Thursday, the first meeting in January. OK. Fine.
Commissioner Plummer: Oh, that's... The Code calls for second and fourth.
Mayor Clark: All right. Fine.
Mayor Clark: Your position now, pockets, whatever you got, Mr....
Commissioner Plummer: No, excuse me. I need a roll call, Mr. Mayor, on the waiver of those
two names.
117 October 27, 1994
W
W
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-772
A RESOLUTION AMENDING RESOLUTION NO. 94-671.2 ADOPTED
SEPTEMBER 8, 1994, WHICH RESCHEDULED THE FIRST AND SECOND
REGULAR CITY COMMISSION MEETINGS IN DECEMBER, 1994, THEREBY
RESCHEDULING BY THE HEREIN RESOLUTION THE SECOND REGULAR CITY
COMMISSION MEETING IN DECEMBER, 1994, TO TAKE PLACE ON
DECEMBER 1, 1994, COMMENCING AT 4:00 P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
43. PERSONAL APPEARANCE: REV. DR. PRESTON W. MARSHALL, JR.
CONCERNING THE MARTIN LUTHER KING, JR. PARADE AND
FESTIVITIES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Mr. Mayor, may I bring Dr. Marshall to the mike for a personal
appearance?
Mayor Clark: Yes. What's he need? Money?
Dr. Preston Marshall: Yeah. My name is Preston Marshall, president of Martin Luther King
Parade and Festivities Committee.
Vice Mayor Dawkins: Mr. Manager. Mr. Manager.
Mayor Clark: Cesar.
Vice Mayor Dawkins: Hear this, because I know what we're going to say, but you'll hear it
anyway, please.
Dr. Marshall: My name is Preston Marshall, president of Martin Luther King Parade and
Festivities Committee. I'm only here to see that the item that was supposed to be placed on the
118 October 27, 1994
City as a City -sponsored event, that that remains the same. And I'll come back a later date if we
need funds.
Vice Mayor Dawkins: So what does that mean?
Dr. Marshall: That means that we had request... I think we were placed on the budget as a City -
sponsored event, and...
Commissioner De Yurre: For how much?
Commissioner Plummer: I don't remember that being the case.
Mr. Cesar Odio (City Manager): I don't remember that, either, but let me look.
Dr. Marshall: We have always been.
Commissioner De Yurre: Well, we've always supported them.
Mr. Odio: We support you.
Commissioner De Yurre: And we will continue to support them.
Mr. Odio: Yes, yes.
Commissioner Plummer: Yeah, but I don't think that there's been any approval for this
particular year.
Mr. Odio: Not for monies that I...
Commissioner De Yurre: You will be coming in the future, then, to make a request?
Dr. Marshall: I will come and make a request for "X" amount of dollars also.
Mayor Clark: Doctor, you're in, so you're in halfway. Just relax till you come back a second
time. All right?
Dr. Marshall: Yes, sir.
Commissioner Plummer: Well, we got two items left on the agenda.
Vice Mayor Dawkins: Now, get your proposal to everybody.
Dr. Marshall: I will get my proposals to everyone.
Vice Mayor Dawkins: And so that if anyone has questions, you...
Mayor Clark: Answer it then.
Vice Mayor Dawkins: ... you don't have to come up here, Dr. Marshall, and go through a long
dissertation. OK?
Dr. Marshall: All right. I will do that. I appreciate that.
Commissioner De Yurre: Thank you.
119 October 27, 1994
Mayor Clark: All right.
Dr. Marshall: Thank you very much.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
44. DIRECT ADMINISTRATION TO INCLUDE LA PRENSA DE MIAMI IN THE
LIST OF DESIGNATED NEWSPAPERS FOR THE PUBLISHING OF CITY
ADS, ON A ROTATING BASIS, SUBJECT TO THEIR MEETING
PRESENTLY INSTITUTED REQUIREMENTS AND CLEARANCE BY THE
OFFICE OF PROCUREMENT.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: All right. Mr. De Yurre.
Commissioner De Yurre: Yes, sir. We have here Emilio Cabrera, who is the editor, owner and
director of La Prensa De Miami, and I would like... I would make a motion to include his
newspaper among, on the list of the newspapers that...
Vice Mayor Dawkins: For the rotation.
Commissioner De Yurre: On the rotation for the advertising.
Vice Mayor Dawkins: Second.
Commissioner De Yurre: Subject to the requirements.
Commissioner Plummer: Subject to meeting the standard minimum requirements.
Mayor Clark: Cast a unanimous ballot. What else?
Commissioner De Yurre: Thank you.
120 October 27, 1994
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO.94-773
A MOTION INSTRUCTING THAT THE TABLOID "LA PRENSA DE MIAMI" BE
INCLUDED AMONGST THE DESIGNATED NEWSPAPERS AND/OR TABLOIDS
TO BE USED BY THE CITY FOR THE PUBLISHING OF PUBLIC NOTICES, ETC.,
SUBJECT TO SAID TABLOID COMPLYING WITH THE CITY'S GENERAL
SERVICES ADMINISTRATION/PROCUREMENT DIVISION ELIGIBILITY
REQUIREMENTS.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Vice Mayor Dawkins: You got another?
Commissioner De Yurre: That's it.
----------------------------------------------------------------------------------------------------------------
45. CODESIGNATE N.W. 4 AVENUE FROM N.W. 5 STREET TO N.W. 9
STREET AS: ANN-MARIE ADKER AVENUE.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: No, no, no. I'm finished. Thank you, Mr. Mayor.
Commissioner Gort: Seems like I'm... They took it away from Plummer and they gave it to me
in the second seat. I have several. One is the - this is something that we passed already, but I
27, 19'94
guess we have to do it again - is the Overtown Community Health Center requires for
codesignation of Northwest 4th Street, between 5th and 9th... 4th Avenue, between 5th and 9th
Street, as Ann -Marie Adker Avenue. The Codesignation Committee has approved it, and it's
just for ratification for us.
Mayor Clark: I second the motion.
Vice Mayor Dawkins: OK. Moved and seconded. Seconded by the Mayor. Any further
discussion? Hearing none.
Mayor Clark: All right. You got another one, Willy.
Commissioner Gort: Yes, sir.
Vice Mayor Dawkins: As the Mayor says, cast a unanimous decision.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-774
A RESOLUTION CODESIGNATION NORTHWEST 4TH AVENUE FROM
NORTHWEST 5TH TO 9TH STREETS AND FROM NORTHWEST 15TH TO 17TH
STREETS, MIAMI, FLORIDA, AS "ANN-MARIE ADKER AVENUE"; FURTHER,
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
122 October 27, 1994
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
46. GRANT REQUEST BY MIAMI BOOK FAIR INTERNATIONAL, INC. TO
WAIVE USER FEES IN CONNECTION WITH THE 1994 MIAMI BOOK
FAIR INTERNATIONAL (NOVEMBER 18-20, 1994), SUBJECT TO
PROVISOS, AND SUBJECT TO SAID ORGANIZATION REIMBURSING
THE CITY OUT OF ANY PROFITS REALIZED BY SAID EVENT UP TO
THE TOTAL OF CITY COSTS WAIVED BY THE HEREIN RESOLUTION.
Commissioner Gort: Dr. Padron, chairperson for the Miami Book Fair International, requests for
waiver of all City fees allowed to be waived by the City Code, special administrative and
permitted fees for the Fire Rescue and Police Department, Solid Waste equipment, and Public
Works street use fee, and banners fee.
Commissioner Plummer: Mr. Mayor, I got a prob...
Commissioner Gort: This is for the Book Fair International.
Mayor Clark: Overtown Community Health... No, that's already...
Commissioner Plummer: Well, wait a minute. What about the book fair? Because I got a
problem with the book fair.
Vice Mayor Dawkins: That is the book fair. We are asking for the book fair.
Commissioner Plummer: Well...
Mayor Clark: They want administrative and permit fees for Police and Fire Department waived,
and the Solid Waste and Public Works fee, use free banners...
Commissioner Plummer: Mr. Mayor, that is a profit -making thing for the school. Now, I tell
you what I would vote for. That the school reimburse the City of monies over the expenses. I
mean, you know, they have State funding and governmental funding, just like everybody else
around here.
Mayor Clark: They got TDC (Tourist Development Council) funding, too.
Commissioner Plummer: And they got bigger pockets than this City has. And we'll remind...
You know, two years ago, we gave those people a million dollars. I love them dearly. I made
123 October 27, 1994
the motion to give them a million dollars, and caught holy hell for it. But I... We just can't
continue doing this thing for people that have the same ability to tax as we do. And I... I'm
sorry, I just can't vote for this. The only way I could vote for it is to give them the money and
then we... Because, remember, the minute you make this a City cosponsored event, the prices go
up. So I can't vote for it. If you want, I'll abstain from voting, but I just can't vote for it. I'm
sorry.
Mayor Clark: OK. We've got a motion on the floor.
Vice Mayor Dawkins: I second the motion, but I will put Eduardo Padron, Dr. McKay and
everybody else on notice, this is the last time.
Commissioner Plummer: Well, could you incorporate what I asked?
Vice Mayor Dawkins: As...
Commissioner Plummer: Would you accept that?
Vice Mayor Dawkins: As J.L. Plummer said, this is a money -making event. I worked with
Miami -Dade twenty-two years. Each year, it gets larger, and they don't let people in free.
Mayor Clark: OK.
Commissioner Plummer: Well, Mr. Mayor, I would ask again that if that thing makes money
over expenses, that the City be reimbursed.
Vice Mayor Dawkins: They don't have any...
Commissioner Plummer: If they don't make expenses...
Mayor Clark: All right. Let's move forward. We've got other things to consider here.
Vice Mayor Dawkins: OK. All right. I second the motion with... but I want them to
understand, I will not vote for it next year.
Mayor Clark: Cast a unanimous ballot, Madam Clerk.
124 October 27, 1994
A
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-775
A RESOLUTION RELATED TO THE 1994 MIAMI BOOK FAIR INTERNATIONAL
TO BE CONDUCTED BY THE MIAMI BOOK FAIR INTERNATIONAL, INC. ON
NOVEMBER 18-20, 1994; WAIVING ALL WAIVABLE USER FEES AS
PERMITTED BY THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED; SAID WAIVER CONDITIONED UPON THE ORGANIZERS: (1)
PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; (3) REIMBURSING THE CITY FOR
ANY PROFIT REALIZED BY SAID EVENT, IN AN AMOUNT NOT TO EXCEED
THE AMOUNT WAIVED BY THE HEREIN RESOLUTION, AND (4) COMPLYING
WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
47. DISCUSSION CONCERNING PROPOSED RESOLUTION AUTHORIZING
CITY MANAGER TO EXECUTE AGREEMENT WITH SMALL BUSINESS
OPPORTUNITY CENTER, INC. -- FOR REHABILITATION OF NINE
BUSINESSES IN ACCORDANCE WITH THE COMMERCIAL FACADE
TREATMENT PROGRAM. (See label 56)
------------------------------- --------------------------------------------------------------------------------
Mayor Clark: What else you got, Willy?
Commissioner Gort: We have a request from the CAMACOL. They were not able to come in
on time. My understanding is that they have a program that they want to do some facade in 12th
Avenue and Flagler Street, and this is from the... Frank Castaneda, I think they complied with...
125 October 27, 1994
0
Mayor Clark: Don't leave, Victor. We got some things we got to discuss here.
Mr. Frank Castaneda: Yeah. This item was going to be on the agenda for the next meeting.
They want to move it ahead so they can do the facades before the summit.
Mayor Clark: All right. Move it ahead to the 17th.
Commissioner Plummer: Second.
NOTE FOR THE RECORD: Even though it is clearly the intent of
the City Commission to pass this Issue, there was a motion and a
second, but no roll call at this point. This item was later
reconsidered. See label 56 where the roll was duly called and the
item was passed.
----------------------------------------------------------------------------------------------------------------
48. ALLOCATE $25,974 IN SUPPORT OF THE NATIVE AMERICAN
CULTURAL FESTIVAL (SPONSORED BY THE GREATER BISCAYNE
BOULEVARD CHAMBER OF COMMERCE) -- TO BE HELD IN LEGION
PARK (DECEMBER 1-4, 1994).
Mayor Clark: What else you have?
Commissioner Gort: OK. The next program is the...
Commissioner Plummer: What happened to two pocket items per Commissioner?
Commissioner Gort: Well, they gave me yours, and they gave me the Mayor's, and they gave
me also Dawkins'. So I don't know what to tell you.
Commissioner Plummer: Oh, oh, OK. All right.
Commissioner Gort: Sorry. None of these are mine, except for two of them.
Commissioner Plummer: What happened to pocket items coming up after eight o'clock at night?
Commissioner Gort: Well, we don't have anything at eight o'clock at night. Come on, J.L.
Mayor Clark: No pockets there.
Mr. Odio: We won't be here.
Commissioner Plummer: That's why they should come up after eight.
Mayor Clark: That'll be the end. Listen.
Commissioner Gort: This is the Native American Cultural Festival that's going to take place in
the Northeast.
126 October 27, 1994
ff-,
Mayor Clark: Yes.
Commissioner Gort: This is something that the Northeast has been planning for the last year.
Mayor Clark: It's out of Legion Park for the Indians. It is, really, great.
Commissioner Gort: And it's...
Commissioner Plummer: What are they asking for?
Unidentified Speaker: Twenty-five thousand.
Commissioner Plummer: What?
Mr. Cesar Odio (City Manager): Twenty-five thousand, nine hundred and seventy-four.
Commissioner Plummer: That's the same Indians that have the casinos?
Commissioner Gort: No.
Vice Mayor Dawkins: Yes.
Mayor Clark: No.
Vice Mayor Dawkins: Where you want me to put the casino?
Commissioner Plummer: No, wait, excuse me. Which Indians are... Are these the Indians...
How many Indians we got around here?
Mayor Clark: No, no, these are the Chickasaw.
Commissioner Gort: These are the...
Vice Mayor Dawkins: Chicken paw?
Mr. Odio: There are Indians, and there are Indians, Commissioner. I don't know which...
Commissioner Plummer: Yeah, but I can't go for twenty-five thousand dollars.
Mr. Odio: This is the...
Commissioner Gort: This is a plan by the Northeast. They've been working on this with the
Chamber of Commerce and...
Mayor Clark: This is that...
Commissioner Gort: ... it's to have... What they do is a weekend of Native American festivals,
where they have the dances from all over the country. It's a national...
Mayor Clark: They're asking for twenty-five?
Commissioner Plummer: Oh, yeah, yeah, no. They came to see me.
127 October 27, 1994
Commissioner Gort: It's a national event. They will be coming to Miami. They will be
attracting a lot of people.
Commissioner Plummer: Yeah.
Mayor Clark: What's the amount, Willy?
Commissioner Plummer: Well, this is almost like a convention. This is not just a festival.
Commissioner Gort: Right. No, no, it's...
Commissioner Plummer: They came to see me on this. All right.
Mayor Clark: All right. Moved by Willy.
Vice Mayor Dawkins: Seconded by J.L. Plummer.
Mayor Clark: OK. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-776
'A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,974 FROM
SPECIAL PROGRAMS AND ACCOUNTS, IN SUPPORT OF THE NATIVE
AMERICAN CULTURAL FESTIVAL, SPONSORED BY THE GREATER
BISCAYNE BOULEVARD CHAMBER OF COMMERCE, TO BE HELD
DECEMBER 1-4, 1994, IN LEGION PARK, MIAMI, FLORIDA; CONDITIONING
SAID ALLOCATION UPON COMPLIANCE WITH ANY CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Gort: That's it.
128
October 27, 1994
----------------------------------------------------------------------------------------------------------------
49. DISCUSSION CONCERNING DINNER KEY MARINA IMPROVEMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ladies and gentlemen, please, no pocket, but Mr.... What is that? Mr. Bob
Lewis?
Commissioner Plummer: Yeah. And also, Mr. Dudik is here.
Mayor Clark: Yeah. Well then we'll get right to this, all about the port.
Commissioner Plummer: We got two of them here.
Mayor Clark: OK. Bob.
Mr. Bob Lewis: Yes, sir. Mr. Mayor and Commissioners, my name is Bob Lewis, and I'm here
today as a concerned citizen, a member of the Miami Waterfront Board, and a longtime user of
the Miami Marina. I have seen five different constructions of the Miami Marina, and this goes
back till the time - you can look at that picture - when I was in my twenties. And that was Pier 5.
And I've seen it tore down, rebuilt, tore down, rebuilt, tore down, rebuilt, tore down, rebuilt, and
we're on the fifth time here. I would certainly hate that this wasn't the proper... a proper marina
that we should have. I think it deserves more study.
Commissioner Plummer: Yeah,
Mr. Lewis: And I have been practically to every marina on the east coast of the United States,
and I think I know marinas. And like I say, I... The marina needs more studies. For one thing,
this marina will never make money for the City of Miami.
Commissioner Plummer: Never did.
Mr. Lewis: That's right, never did, because we don't have fuel, for number one. Nobody is
coming into our marina, where they cannot get a full service marina. I'm sorry, they just will not
do it. The yachtsmen and the boats will not come here. And unless we get fuel... And now, we
have a place to put fuel in this marina, not with... of the design that you have. But DERM
(Department of Environmental Resources Management) has said we could do it, and we can put
a fuel dock at this marina. Also, I think the design ought to be looked into more, and I have
some fellows here that have a design that they think is good, and I think is fair, and I would like
to turn the mike over to them.
Mayor Clark: Let me say this, Bob.
Mr. Lewis: Yes, sir.
Mayor Clark: Mr. Manager, members of the Commission, this is such an important item that
we're not going to make a decision here in about forty-five minutes, I can tell you that. Now, I
would suggest, Mr. Manager, that we pick a date out and have a meeting, open to the public,
here, up in the conference room, wherever you want to do it, so this whole thing can be flushed
out, and tell you exactly. I understand, with the proposition you have at the present time that that
marina won't even flush itself out, the way it's going to be constructed.
129 October 27, 1994
Mr. Cesar Odio (City Manager): That is not true, Mr. Mayor.
Mayor Clark: Well, that's what I understand.
Mr. Odio: That's what they said, but it's not true.
Mayor Clark: Well, can you back it up?
Mr. Odio: Yes, sir. Well...
Mr. Lewis: What I said is not true?
Mr. Odio: No, I didn't say that. I said that our... The marina design will flush out. I want to say
this, that we are putting in jeopardy the monies that we have by delaying this further. We have
been... The FEMA (Federal Emergency Management Agency) monies we will lose, if we don't
spend them by February. The insurance monies we will lose...
Vice Mayor Dawkins: Why are you going to lose the insurance money?
Mr. Odio: We have to spend the money... Go ahead and explain it.
Vice Mayor Dawkins: No, no, wait a minute. Hold it, hold it, hold it. Wait, wait, wait one
minute. You mean to tell me that we got... We bought insurance, we paid a premium, and then,
they give us money, as my premium demands, and then you tell me they're going to take it back?
Mr. Odio: No. Let me explain. There are deadlines on FEMA monies and on the bond monies.
Mr. Grant Sheehan: The bond money is the money that is in question. That needs to be spent by
December of 1995.
Vice Mayor Dawkins: 'Ninety-five?
Mr. Sheehan: 'Ninety-five.
Vice Mayor Dawkins: And there's no other waterfront properties you can spend it on?
Mr. Sheehan: No, sir. That's the money that's earmarked for Miami Marina. It's in conjunction
with a project improvement of the one point three million dollars that we're getting from FEMA.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Let me give you a suggestion. My understanding, one of the first things
that I did when I was in here was approve a plan that the City of Miami pay for the marina, and
now, there's someone else that has a different plan. We got to come back at two -thirty here.
Why don't we hear...
Mayor Clark: Well, we're not coming back at two -thirty.
Commissioner Gort: Yeah, we got to be here at two -thirty.
Mayor Clark: No, we don't have to. We'll be here at four o'clock.
130 October 27, 1994
Commissioner Gort: My understanding is we were requested by the...
Vice Mayor Dawkins: Two -thirty. Arthur Teele, he's going to be here at two -thirty.
Commissioner Gort: ... by Chairman Teele to be here at two -thirty.
Mayor Clark: Any time we call him on the phone, he'll be here.
Commissioner Plummer: Wait a minute. What are we talking? What are we talking about? I'm
sorry.
Mayor Clark: About the new... the plan that Mr. Lewis has, along with Mr. DiGiacomo and the
fellow from Bunnel.
Mr. Lewis: Bunnel, Richard Bunnel.
Commissioner Plummer: So what are you talking about?
Mr. Lewis: The only thing that I want to see is that this is... this marina that we're going to put
in here will compete with any marina, any marina on the coast of the United States. It's got to be
first class. And if you're going to hurry it up, and throw it in there, and say, "We don't have
time to fool with this," I think you're making a big mistake.
Mr. Sheehan: The consultants the City hired, we hired them, I believe, back in July, they
prepared this presentation that we have here and the plans that you all see, evaluating all the
needs that they could come up with on the east coast of the United States, other marinas that are
currently in existence, and this is the proposal that they had come back to us. We have met with
Mr. DiGiacomo. We discussed all these with representatives of Coastal Tech., and explained our
situation, as far as the flushing and all the other requirements that we talked about at that time,
and there did not seem to be a problem. But we'd be more than happy to come back with it.
Mayor Clark: Can this design, can this be guaranteed that it flushes itself and we won't have
seaweed all over that marina?
Mr. Sheehan: Guaranteed?
Mayor Clark: Yes, sir.
Mr. Sheehan: I can't say absolutely guaranteed...
Mayor Clark: I know it can't.
Mr. Sheehan: ... and I don't think they could either.
Mayor Clark: I know you got to baffle it, and that would keep all the seaweed in the basement.
And I know enough about...
Mr. Sheehan: Those are wave baffles to prevent any further damage to vessels that were in
there. It's designed to be able to flush itself out. They would have to do the same thing.
Mayor Clark: Not the way they're talking about. Mr. Bunnel.
Mr. Richard Bunnel: Mr. Mayor, my name is Richard Bunnel, president of Bunnel Foundation
in Miami. We're not trying to slow this process down at all. As a matter of fact, Don
131 October 27, 1994
DiGiacomo's design is just another concept, another way of configuring the marina. He's really
not trying to slow this down. We think it's great that the design is going forward, the City is
going forward with their technical drawings and so forth, and the permitting is proceeding. We
just think that in the spirit of the resolution that you all passed last month where you said to, you
know, take a good, hard look at these other concepts, these other configurations, should
continue. The spirit of that resolution should continue, and we just hope that the technical design
team will give all of this due consideration. And a lot of it has to do with the wave attenuation
and the circulation, which is a monumental part of the redevelopment of this marina.
Commissioner Plummer: Well, am I not mistaken, the final drawings have not been completed?
Mr. Monk Terry: That is correct.
Commissioner Plummer: OK. And this Commission still has...
Mayor Clark: Who are you? What's your name, sir?
Mr. Terry: Monk Terry.
Commissioner Plummer: This Commission still has the right...
Mayor Clark: Who do you rep... Hold it, wait a minute. Who do you represent?
Mr. Terry: The City.
Vice Mayor Dawkins: He works for the City.
Mayor Clark: All right.
Commissioner Plummer: This Commission still has the right to change the plans. Is that
correct?
Mr. Odio: If you are an architect.
Commissioner Plummer: What do you mean if I'm an architect?
Mr. Odio: I mean, why go through the consultants that are professionals in the nature, why...
Commissioner Plummer: Because I don't agree with the consultant.
Mr. Odio: Why go through the...
Commissioner Plummer: Don't I have that right, to disagree?
Mr. Odio: Yes, you can disagree.
Commissioner Plummer: Hey...
Mr. Odio: Why hire those people, then? Why are you paying professionals, if you're going to
go through this whole process, then at the last minute, we have people coming in with different
ideas...
Commissioner Plummer: Excuse me, excuse me.
132 October 27, 1994
Mr. Odio: You have different ideas...
Commissioner Plummer: I am not even speaking to that, before you jump up and start
screaming and hollering again. My concern in the plan that I have seen, of which many have
been, is that floating dock in the very south end. I think it is useless. I think it is detrimental to
the operation, and that's my opinion.
Mr. Terry: I agree with you. And...
Commissioner Plummer: Oh, but wait a minute. His professional... He brought in consultants.
He brought in high-priced help...
Mr. Odio: No, no.
Mr. Terry: No, wait.
Mr. Odio: No. You brought the consultants, and you paid for that.
Commissioner Plummer: I'm asking, can it be changed?
Mr. Odio: So if you're going to do that, at least follow what they are saying.
Commissioner Plummer: Thank you. Tell your boss that, will you?
Mr. Terry: Mr. Mayor, we have given Mr. DiGiacomo... And I had a conversation with Captain
Lewis yesterday. He has presented his plan, his specific design to all of you. It's gone before
every department that's related to this within the City. It's gone to the Marine Council, it's been
before the Waterfront Board. We have given him every consideration. And the basic... The
bottom line for his design is that he wants his high water system, which is a... which is a...
apparatus to prevent boat loss during a hurricane or a high wind storm. This marina is not the
right place to try something that has never been tested. And we cannot allow... This is not the
right place to do that. There are some other design things that he's brought to our attention, and
it's been very helpful when we get to the final drawings, but this is not the right place to do his
particular design.
Mayor Clark: All right. You've answered that. Now, you guarantee... You think you're going
to guarantee you're not going to have any seaweed backup in there?
Mr. Terry: In the study, in the feasibility study, it says that there is no way that's possible to
prevent all seaweed from coming into that basin. Without a wave attenuation at the mouth of
that marina, we will have a disaster. That is one of the most important items that the feasibility
study addressed.
Mayor Clark: What about fuel?
Mr. Terry: Fuel is not something that was in the plan, and that is something that I am going to
pursue.
Mayor Clark: It's got to be because...
Mr. Terry: I think if it can be done... The problem is that the tanks would have to be on the FEC
(Florida East Coast) property, and we'll have to negotiate with the port on that. Right now,
that's our property, but...
133 October 27, 1994
r �
Commissioner Plummer: Well, let me ask this question.
Mr. Terry: I think it's a good idea.
Commissioner Plummer: You know, I think fuel in that area is important, but should we have
fuel at Miamarina or at Watson Island? Because that's... You know, I don't necessarily think
that fuel in that particular area is the most conducive thing that is around.
Commissioner Gort: It's a problem. It's a problem.
Commissioner Plummer: But you need fuel in that area, without question.
Mr. Terry: Right now, we do have at Watson Island, as you know...
Commissioner Plummer: I'm aware of that.
Mr. Terry: ... and in the Mega -yacht design, I'm sure it's in there. I haven't seen that myself.
Commissioner Plummer: Well, I think what Bob Lewis - and I can't speak for him - but I think
what Bob is saying is that the revenue derived from fuel would make this a profit -making, where
in the past, it has not been.
Mr. Odio: Well, the reason it hasn't made profit in the past is because the contract with the
Rouse Company prohibited us from having permanent tenants in the marina.
Commissioner Plummer: That's not... That's only part of it, Mr. Manager.
Mr. Odio: That is why you have to have, like we have here, monthly rents all the time, and not
depend on transients, and that marina is only for transient use.
Commissioner Plummer: But there is another... There's another problem.
Mr. Odio: And that is in the contract with Bayside.
Commissioner Plummer: The other problem in that marina has always been - and I don't know
that you're going to eliminate it now - that anything over a twenty-five Tooter, if you tried to
spend the night on that boat, the rocking and rolling on the intercoastal waterway would
absolutely damn near throw you out of bed.
Mr. Odio: That's why we're going to try to put the wave...
Mr. Terry: That's why it's so important to have that barrier closing in the basin.
Commissioner Plummer: Well, but that was a main factor before.
Mr. Terry: And there was a plan that had a wave barrier underneath the bridge, but that's not
something we can count on being able to do.
Commissioner Plummer: Works in Saint Augustine.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
134 October 27, 1994
Commissioner Gort: Let me tell you, I'm not an expert in this.
Commissioner Plummer: Well, I am. I'm an expert.
Commissioner Gort: So I'd like to hear from both parties. And the one thing that I did check,
because these gentlemen came to me and they made a presentation, and I thought the floating
dock, whatever you want to call them, they've very nice. But my understanding is - and now
that I got the professionals here - my understanding is that under an insurance contract, a marina
is required that is a hurricane comes in, the boats have got to be pulled out of the marina.
Commissioner Plummer: That's not any longer the case. The County passed a new rule. Where
we have a rule, for example, at Dinner Key, which was not followed during Andrew, and that's
why we had boats on top of boats, when we told them to move, they told us to go to hell.
Mr. Odio: This particular marina...
Commissioner Plummer: OK. Now, under the new rule, there is a certain provision that says
that you can't force them out unless you provide safe harbor. Is that what it is? OK? And
there's no way in hell that the City of Miami can provide safe harbor.
Mr. Odio: But in Bayside, we can. We don't... We do not have monthly tenants. Therefore,
there should be no one in that marina during a hurricane, period.
Commissioner Plummer: Well, excuse me. That's what you need, is, still, the provision, and
especially in transient. Now, I hope that the people here in this marina, that now that we can't
force them to move, we can force them to take an insurance policy, which I talked to you about,
that indemnifies the City, that if their craft stays there during a hurricane, and causes damage, the
City will have a way to recover, which we didn't have before. I hope that's in every contract.
Mr. Terry: And one more comment. One of the... I mean, the main problem at Miamarina has
been that because the construction of the docks themselves were so bad, we don't know how
much revenue we could have produced in all these years.
Commissioner Plummer: Well...
Mr. Terry: And no one wanted to go in there because it was so bad.
Commissioner Plummer: Yeah, but, Monk, you got another problem down there, too. You
know, you better throw it all on top of the table, because it's not just seaweed. You got a
mammoth problem down there with parking. For transi... How many boats would that thing
accommodate?
Mr. Terry: How many slips?
Commissioner Plummer: How many slips?
Mr. Terry: It's over a hundred.
Commissioner Plummer: You know, you don't have a hundred parking spaces. Now, not every
boat has a car, but a problem of trying to get through Hard Rock Cafe, where they're charging
$15 for parking, and they don't recognize sometimes that you're a boat owner, you know,
parking is a problem, there is no question about it.
Mr. Terry: We've been negotiating with Bayside to affirm the 42 spaces on the east wall, which
we have not had up to this date.
135 October 27, 1994
Mr. Bunnel: Mr. Commissioner...
Commissioner Gort: Well, maybe one of the things you can also look at is making those floating
docks optional to the individuals.
Mayor Clark: Well, it's continuing. It's continuing. All right. Mr. Bunnel for a minute or so,
and then we'll...
Mr. Bunnel: Mr. Commissioner, I'd just like to say with reference to the adoption, the resolution
that you passed regarding the feasibility study that was done by Kenneth Leventhal and
Company, you adopted in principle, we think that that was what you meant at the time, and it's
what you continue to mean. You want these, these other concepts and so forth, to keep at the
forefront until this design is finalized and the working drawing are on the street for bid. As far
as high water is concerned, that Mr. Monk Terry mentioned, Mr. DiGiacomo knows he has an
uphill battle there. He has to convince, basically, he has to convince FEMA that this is a
mitigation type system, and that actually, the City of Miami would be... This high water system
would actually be paid for by the City, by FEMA funds, an increase of FEMA funds. Without
that, I'm sure the City probably won't look at it for this marina. That's really all he's trying to
say.
Commissioner Plummer: All right. After all of that, where are we today?
Mr. Terry: May I address on the...
Mayor Clark: Well just come down for a short appearance, to let you know that they're
interested and want to keep this thing moving.
Commissioner Plummer: So where are we?
Mayor Clark: We're right where we were when we got here.
Commissioner Plummer: What the City has given us a memo on.
Mayor Clark: It's going on. It's going on. Can't stop that. Now...
Commissioner Plummer: All right.
END OF DISCUSSION -- NO ACTION TAKEN
136 October 27, 1994
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50. ADMINISTRATION TO BE GUIDED BY COMMISSION POLICY
STIPULATING THAT THE VESSEL "CELEBRATION" SHALL BE
ALLOWED TO BERTH INSIDE BAYSIDE MARINA, ANYWHERE EXCEPT
BY THE NORTH WALL -- DIRECT ADMINISTRATION TO FORMALIZE
LEASE WITH MR. DUDIK.
Commissioner Plummer: Mr. Mayor, the next item that I ask is the only pocket item I have
today, is in reference to the boat, "THE CELEBRATION."
Vice Mayor Dawkins: The what?
Commissioner Plummer: The boat, "THE CELEBRATION," Mr. Dudik. Now...
Vice Mayor Dawkins: Oh, yes, yes, yes.
Commissioner Plummer: Now, the problem that has been incurred, that Mr. Dudik has and
continues to try to get to be a tenant inside of the...
Vice Mayor Dawkins: I know it by heart.
Commissioner Plummer: ... Miamarina, or the Bayside alcove, whatever you want to call it. Mr.
Dudik was promised certain things, not in writing. He was promised certain things that did not
come about. I think that the man has played by the rules, and yet, because he played by the
rules, he can't be a winner, and I think that's wrong. I think that what I would like to do, if it is
possible, is to see that the gentleman is afforded the opportunity to have a space inside of the
marina, not on the north wall. That is out. I think that, without question, he cannot survive and
do business there. But I would leave it to the Administration that he would go either on the west
wall, which is where I would be prefer, and if not, cannot be worked out there, it would go on the
south wall. Now, the major problem with the south wall is, in question, is the construction. That
is something that he has to... He does understand that anything that would be done today is
temporary until this marina is completed.
Mayor Clark: And if it's construction, he has to pay for it.
Commissioner Plummer: There is no question. I have said to him that any cost incurred by the
City providing him with something like that, he has to pay the cost. And likewise, needless to
say, he would have to negotiate the rent, and like everyone else, he would have to pay his rent
promptly. Mr. Manager, I want to give you the latitude to go, and understand, if my motion
passes, that he is allowed to go inside of that marina, somewhere either on the west, preferably,
or the south. Once somebody said to me - and I don't know that it's agreeable to him, I didn't
get to speak to him this morning - that he didn't have to sell his tickets directly in front of his
boat; that as long as he had a good place to sell his tickets, and his boat was very close by - not
out on the "T", which somebody else recommended - that, in fact, it would be a good... What?
What did I just hear?
Mr. Cesar Odio (City Manager): He is telling me that if we put him here, where you're saying,
we will be sued by every boat owner in that place.
Vice Mayor Dawkins: Why?
137 October 27, 1994
P
Mr. Odio: That's what he's saying.
Mayor Clark: Let me ask this question. You've got a boat owner that's got five positions, five.
How in the hell is he entitled to five and this man is not entitled to one?
Commissioner Plummer: That was negotiated, Mr. Mayor.
Mr. Monk Terry: That is a result of the Pier 5 Agreement that the City made.
Commissioner Plummer: Yeah, that's the Pier 5 Agreement.
Mr. Terry: And that's the problem with the west wall, is that that is all Pier 5.
Vice Mayor Dawkins: OK. Let me ask a question. The marina is going to be rebuilt.
Commissioner Plummer: Correct.
Vice Mayor Dawkins. Is that correct?
Commissioner Plummer: Correct.
Vice Mayor Dawkins: Therefore, nobody, when it's rebuilt, will have a spot. Is that right?
Commissioner Plummer: That's not right.
Vice Mayor Dawkins: Well, then, why... What is it?
Commissioner Plummer: The negotiations with the Pier 5 boatman runs for, I think, twenty
years. And they have that right for twenty years.
Mayor Clark. And they're selling their rights to guys that are fishermen over to Watson, selling
their rights to people that dock boats in there that are not even members of that group.
Vice Mayor Dawkins: That's right. That's right.
Mayor Clark: That's what's happening.
Vice Mayor Dawkins: No problem. Well, anyway...
Commissioner Plummer: OK. All I'm saying to you is at this particular time... I'm not saying
that he goes on the south wall. All right? Matter of fact, I heard from somebody, true or not,
and I can't say here as a fact, that somebody that has a couple of these spots offered him one of
them.
Mr. Terry: I'm not aware of that.
Commissioner Plummer: OK? 5o I'm saying to you that that's what I think you need to do, is to
sit with Mr. Dudik, understanding when you come back, something's going to be worked out,
preferably on the west wall. If not, then, you know what else. OK?
Mr. Odio: I agree with the west wall. We'll put him on the west side. I think that it would fit
there.
Mayor Clark: Not up in that corner, though.
138 October 27, 1994
Commissioner Plummer: Not in the corner.
Mr. Odio: No, in the west side.
Commissioner Plummer: Cesar, you got to give the man the right to survive.
Mr. Odio: You said the west side.
Commissioner Plummer: OK?
Mr. Odio: I mean, where is the west side in here?
Vice Mayor Dawkins: Yeah, that's what I'd like to know. What is... What is... Where is the
Bayside Building? What is that? That's south?
Mr. Odio: That's the one next to Planet... What they call that?
Vice Mayor Dawkins: Where is south here?
Mr. Odio: Hard Rock Cafe.
Mr. Mike Dudik: Gentlemen, may I put some quick input, please?
Vice Mayor Dawkins: All right. And this is where I want to send him.
Commissioner Plummer: Right now, you better shut up. Let us argue first. Well, you know,
let's put on the record that there is a particular problem...
Mayor Clark: Some of those people that are in there now...
Vice Mayor Dawkins: OK. Well, whatever... OK.
Commissioner Plummer: ... with this particular boat, because of its size. What?
Vice Mayor Dawkins: Whatever motion you're going to make so we can get out of here.
Commissioner Plummer: Well, I've tentatively made a motion that says that the Administration
be instructed to understand that this Commission's policy is that this boat, "CELEBRATION,"
shall be inside of Miamarina; that it shall exist, preferably, on anywhere but the north wall; that
if it cannot be worked out on the west, then the only other alternative that I know is the south.
No, there is no east wall. That's outside.
Mayor Clark: The east wall is up against the Hard Rock, and what are you going to do there?
Commissioner Plummer: Well, excuse me. I did not consider that available, OK? And I still
don't consider that available. OK? So that's my motion.
Vice Mayor Dawkins: All right, second it for discussion. I think Commissioner Gort has some
discussion.
Commissioner Gort: Under discussion, Mr. Mayor. I think I'd like to have the staff come up
with some criteria and some standards so everybody can understand, so we don't have this
problem here, constantly, with people coming, that I was not treated right, I was treated
139 October 27, 1994
W
incorrectly. I think somehow that if we had the standards, the Commission should be aware of
those standards, so when people come in front of us... I know we can't please everybody, and
we're not going to be able to please everybody. So if we have certain standards and we follow
them, then we can follow certain rules.
Mayor Clark: Not for discussion, but for information. There are people under that original
agreement, J.L. Are you going to move them over to Watson Island? They gave up their rights,
and they subleased them to other boats that came in there. Did you know that?
Commissioner Plummer: Mr. Mayor, under the negotiated terms, they had that right, sir.
Mayor Clark: I don't think they did.
Commissioner Plummer: Well, I negotiated it. I know they did.
Vice Mayor Dawkins: You gave it away, that's all.
Commissioner Plummer: No, no, wait, wait, whoa, whoa. I did not give it away. This
Commission...
Vice Mayor Dawkins: You did give the rights away, J.L.
Commissioner Plummer: This Commission voted on a negotiated with Dan Paul.
Vice Mayor Dawkins: OK. Anything else?
Mayor Clark: All right. Anything else?
Commissioner Gort: Yes.
Mayor Clark: Hold it.
Commissioner Gort: Yes. I would like to get a copy, and somebody sit down with me and
explain, because that keeps coming up all the time, the Pier 5 settlement, and I'm not aware of
that at all, and people keep bringing that up. And I'd like to know a little bit more about that.
Commissioner Plummer: Anywhere but the north wall.
Mayor Clark: Any further discussion?
Vice Mayor Dawkins: Yes, sir. One thing more, Mr. Mayor. Oh, no, not on this one, sir.
Mayor Clark: All right. Call the roll, Madam Clerk.
140 October 27, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-777
A MOTION INSTRUCTING THE ADMINISTRATION TO BE GUIDED BY
COMMISSION POLICY STIPULATING THAT THE VESSEL "CELEBRATION"
SHALL BE ALLOWED TO BERTH INSIDE THE BAYSIDE MARINA ANYWHERE
EXCEPT BY THE NORTH WALL, PREFERABLY ON THE WEST WALL, OR THE
SOUTH WALL; FURTHER DIRECTING THAT A PLACE BE DESIGNATED FOR
TICKET SALES INSIDE THE BAYSIDE ALCOVE; AND FURTHER DIRECTING
THAT THE ADMINISTRATION SIT DOWN WITH MR. DUDIK TO FORMALIZE
THE LEASE.
Upon being seconded by Vice Mayor Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
51. PERSONAL APPEARANCE: MS. ESTHER MAE ARMBRISTER,
CONCERNING REQUEST FOR A TOWN HALL PUBLIC HEARING TO BE
HELD IN DECEMBER IN THE COCONUT GROVE HIGH SCHOOL
AUDITORIUM REGARDING THE GOOMBAY PLAZA DEVELOPMENT
PROJECT.
Vice Mayor Dawkins: Mayor Clark, I have one thing. Mrs. Armbrister...
Mayor Clark: Three -thirty.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Three -thirty.
Mayor Clark: Mr. Teele is coming down on the Overtown.
141
October 27, 1994
Commissioner Plummer: Oh, I thought you said two -thirty.
Mayor Clark: No, three -thirty.
Vice Mayor Dawkins: OK. Mrs. Armbrister has a complaint that a meeting has been held and it
wasn't public, and she'd like for us to schedule it as a public hearing. And I think, Mrs.
Armbrister, the earliest that we can get it is December, because I think the November agenda is
full. Would you like for us to schedule this as a public hearing in December?
Ms. Armbrister: Uh-huh, yes. May I say...
Mayor Clark: Give it to the Clerk.
Vice Mayor Dawkins: OK. I'll give it to the Manager. I'll send it to the Manager, and he'll
give it to the Clerk.
Ms. Armbrister: Just one thing I'd like to ask, and that is that you, the City, whoever is in
charge, will come down to Coconut Grove and set up a meeting at Coconut Grove High School
Auditorium and have somebody down there...
Vice Mayor Dawkins: Oh, you want us to have it out in the community?
Ms. Armbrister: Yes, and then you come back here and make...
Vice Mayor Dawkins: OK. Well come on over with the Manager.
Ms. Armbrister: All right.
Commissioner Plummer: Wait, wait a minute. What...
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
52. BRIEF COMMENTS BY MAYOR STEPHEN P. CLARK CONCERNING TAX
FREE INDUSTRIAL REVENUE BONDS.
Mayor Clark: Mr. Manager... Just a moment, please, Mr. Manager. Mr. Attorney, are you still
with us?
Commissioner Plummer: What?
Mayor Clark: Can this City start an Industrial Revenue Board?
Commissioner Plummer: Whew!
Mayor Clark: Industrial Revenue.
A. Quinn Jones, III, Esq. (City Attorney): I can look into it. I don't know offhand. I can look
into it, though.
142 October 27, 1994
Mayor Clark: Let me tell you —
Commissioner Plummer: That would be interesting.
Mayor Clark: Cesar, that's the greatest thing we could do. So far the County has been involved
in this business, and they have been out at no cost to the County. The bonds are tax free.
Commissioner Plummer: Ah...
Mayor Clark: Industrial revenue bonds. They have floated at least, almost a billion dollars.
Mr. Cesar Odio (City Manager): That's how they built Robbie Stadium.
Mayor Clark: Yeah, that's the way they built Robbie Stadium.
Commissioner Plummer: Yeah, but I don't... I don't think those bonds are any longer available.
Mayor Clark: No, for... Yes, they are. There are plenty available, but not for a stadium.
Commissioner Plummer: I don't think industrial revenue bonds are available at all, Steve.
Mayor Clark: Oh, no. Ask Roger. He's the chairman of that board. They do it all the time.
Commissioner Plummer: I think they're using money that they previously had.
Mayor Clark: Couldn't do it, because...
Commissioner Gort: You have to look into it.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
53. DISCUSSION CONCERNING PAYMENT OF NEEDED REFINANCING OF
A NOTE COMING DUE NEXT YEAR IN CONNECTION WITH
IMPROVEMENTS TO THE ORANGE BOWL -- AUTHORIZATION SOUGHT
TO RENEGOTIATE THE $21,000,000 NOTE.
Commissioner Plummer: Mr. Mayor, I think that I need right now authorization from this
Commission. We have a note coming due next year with a balloon payment for the
improvements of the Orange Bowl. I would like authorization at this time to negotiate the
refinancing of that note, with any available low cost refinancing. OK?
Mayor Clark: All right. How much is the note, J.L.?
Mr. Cesar Odio (City Manager): Yes, you can get... The interest is running...
Commissioner Plummer: The note is twenty-one million, Mr. Mayor.
Mayor Clark: Yeah.
143 October 27, 1994
Mr. Odio: Yeah, that's the total we spent in the Orange Bowl.
Commissioner Plummer: Just for the record, I'm going to try to renegotiate that note with the
Sunshine State Pool.
Mr. Odio: I was going to... Mr. Mayor and Commissioners, we've been talking to UM
(University of Miami) about some further improvements. Maybe at the time of refinancing, you
should consider to add to the twenty-one what we need which is... It is not what was...
Commissioner Plummer: You can't do it on this particular issue unless the State Board
Administration allocates more money. And by the way, the City, on that note, just for your
edification, for the past six years, with arbitrage, made one hundred and thirty-three thousand
dollars profit. Interesting.
Vice Mayor Dawkins: Mr. Manager, I agree with you. The University of Miami is a prime
tenant. Everybody else has moved out...
Mayor Clark: We've told them that that's our plan.
Vice Mayor Dawkins: ... and I think that we should do as much to keep them happy as they were
going to do to keep the Orange Bowl happy.
Commissioner Plummer: Well, assuming that they take the ten-year option.
Mr. Odio: Let me tell you, they are... they will. What they want is not as much as people think.
They want the park around the Bowl, they want... they may want some suites, but not what the
Orange Bowl Committee wanted, and basically, the improvements of the dressing rooms, and
things like that, but they are not asking for much.
Vice Mayor Dawkins: Preventive maintenance.
Mr. Odio: Right.
Mayor Clark: All right. We'll be back...
Commissioner Plummer: Yeah, but we need that other ten years guaranteed, not an option.
Mr. Odio: I'll bring it back with the guarantee on the...
Vice Mayor Dawkins: Three -thirty?
Mayor Clark: Yes. We'll recess until three -thirty this afternoon.
Commissioner Plummer: Three -thirty. So be it, God willing and the devil don't care.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:40 A.M. AND RECONVENED AT 3:48 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
144 October 27, 1994
---------------------------------------------------- ------------------------------------------------------------
54. DISCUSSION CONCERNING PROPOSED CREATION OF A TOTALLY
INDEPENDENT AGENCY TO BE KNOWN AS: SOUTHEAST OVERTOWN
/ PARK WEST REDEVELOPMENT AUTHORITY -- AUTHORIZE CITY
MANAGER, WITH COOPERATION AND INPUT OF CITY COMMISSION,
TO DRAFT / NEGOTIATE WITH METROPOLITAN DADE COUNTY A
PROPOSED INTERLOCAL AGREEMENT FOR CREATION OF SAID
AUTHORITY, WHICH SHALL BE FULLY RESPONSIBLE FOR
REDEVELOPMENT OF OVERTOWN -- DESIGNATE VICE MAYOR
MILLER DAWKINS AS CITY COMMISSION REPRESENTATIVE --
DIRECT CITY MANAGER TO EXCHANGE PROPOSED CITY AND
COUNTY VERSIONS OF SAID INTERLOCAL AGREEMENT TO ENSURE
THAT EACH PARTY WILL HAVE COPY OF FINAL VERSION OF
PROPOSED AGREEMENT AT LEAST FIVE DAYS PRIOR TO FIRST CITY
COMMISSION MEETING IN JANUARY, 1995.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We have made a special arrangement today with our colleague from the County
Commission, Chairman Teele to be here at 3:30. You just about made it, Arthur.
Commissioner Arthur Teele. Just about.
Mayor Clark: You just about made it. We watch you on television, though.
Mr. Cesar Odio (City Manager): We're running on Cuban time.
Mayor Clark: Cuban time. Now, at this time, we're now going to hear from Commissioner
Arthur Teele concerning the Overtown, item number 5 in today's agenda. Would you read that
into the record, Mr. Plummer, please.
Commissioner Plummer: Very simply, Mr. Mayor, it's a discussion regarding the Southeast
Overtown/Park West Redevelopment Authority, as requested by this Commission and the
County Commission for that purpose. I don't know that we have a resolution. Do we?
Mayor Clark: No. We have nothing prepared yet.
Commissioner Plummer: Yeah. Ms. City Attorney, do we have any resolution on this item? I
think it might be clear...
Ms. Linda Kearson (Assistant City Attorney): No, sir, we do not. I have not prepared a
resolution on this item.
Commissioner Plummer: All right. That which I understand, just for the record, Mr. Mayor, it's
my understanding that, hopefully, what we'll do here today is, in fact, to come up with not only
an agreement of understanding, but, hopefully, as we walk out the door this evening, we will
send to both of the Managers and to the Commissions to come about with an interlocal
agreement. And that would come back to us on a date certain, which, I think, probably would be
fair to the Administration to make it the 1st of December. And that's the way, I think, where we
are today.
Vice Mayor Dawkins: A point of clarification, Mr. Mayor.
145 October 27, 1994
El
El
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Agenda item 5 says discussion item re Southeast Overtown/Park West
Redevelopment Authority, with a letter from my friend, Chairman Arthur Teele, with an attached
resolution passed by the City... the County Commission, Resolution 1125-94, and that is what I
plan to discuss.
Commissioner Plummer: I'm sorry, I missed that. Would you repeat it, please.
Vice Mayor Dawkins: In your backup, Commissioner Plummer...
Commissioner Plummer: Right.
Vice Mayor Dawkins: For agenda item 5, there's a resolution that was sent to us by Chairman
Arthur Teele that was passed by the Dade County Commission, Resolution Number 1125-94,
and that is the resolution I intend to discuss.
Mayor Clark: All right. Chairman Teele.
Commissioner Teele: Thank you, Honorable Mayor and members of the Commission. My
name is Arthur Teele. I live at 555 Northeast 15th Street, Suite 31, Apartment 31-A. Today, Mr.
Mayor, members of the Commission, it is our hope that the Commission will consider and act on
the outstanding resolution that is before you that has been passed by the County. That resolution
purports that the County stands ready to be in support of the ongoing efforts to redevelop
Overtown, and to put ten million dollars in cash, and two and a half million dollars in in -kind,
into the Tax Increment District for the purpose of jump-starting that district, which, as you know,
has gone into a negative cash flow, and is now stalled. There have been numerous discussions.
I'm somewhat, as someone who has followed the City proceedings and has followed the County
proceedings, I'm somewhat stunned to hear that there's going to be no resolution. I'm sure your
County Attorney... City Attorney is as diligent as any lawyer would be, but the fact of the matter
is, a discussion, at this point in time, without an action, I think, is not where we are, in that the
County has given me, in effect, a hundred and eighty days, which is about sixty days left to
complete this matter. The sense of urgency is the fact that if we're going to put the money up,
it's going to be from CDBG (Community Development Block Grant) funds. We will lose our
authority to do that, we believe, in January, as your Manager can advise you. The Federal
Governments are amending the CDBG, the Community Block Grant Development regulations
that basically will prohibit the City from spending money outside of the County, or the County
from spending money in the City. I'm sorry. And so in that regard, many of the organizations
throughout this community that the County has been supporting, the time has now come when
we're going to have to stop doing that. What we would like to do is try to rush ahead with a 108
loan, and to provide that money as a grant - not a loan - but a grant to the Redevelopment
Authority and the Tax Increment District. And it is critical, Mr. Mayor and members of the
Commission, that this Commission act today, if we really want to get down to providing that
type of independent authority. Out of deference to your City protocol and your City history, I
would yield to the lady, of course, who needs no introduction, and for a list of speakers, Mr.
Mayor, the Honorable Commissioner Athalie Range, who needs, certainly, no introduction to
you on this matter.
Mayor Clark: She wanted to speak number three. Is that right, Ms. Range?
Commissioner Teele: Ms. Range is listed here on the list, on our list... Ms. Range, would you
please.
Mayor Clark: The lady asked me to change her to number three, and have Irby McKnight go
first.
146 October 27, 1994
Commissioner Teele: Then, Irby McKnight, I understand, has been substituted for number one.
Irby, where are you?
Mr. Irby McKnight: Good afternoon, Mr. Mayor, members of this Commission. Commissioner
Plummer, Mr. Mayor, once again, we need your able and willing leadership to help us here in
Overtown. The idea of a Development Authority, if it encompasses the aspect of development
that includes more than trees, streets, sidewalks and buildings, is what we need, what we want,
and what our children must have. We need your leadership here today. I understand that this
might not be so popular with some people, but for us who duck bullets in Overtown every night,
the ones of us who live there, we are looking to this Commission, and to your leadership, Mr.
Mayor, to make life better for us. Mr. De Yurre, I have seen you several times in our
community. You know that is not a healthy place to raise children. We want to change that.
Commissioner De Yurre: You have seen me there many times.
Mr. McKnight: Yes.
Commissioner De Yurre: Many times.
Mr. McKnight: Yes, I have. And I'm sure you don't like what you've seen on all those visits
there. Now, do you? OK. So we can count on your support here today to change this.
Commissioner De Yurre: To do the right thing.
Mr. McKnight: That's correct.
Commissioner De Yurre: To do the right thing.
Mr. McKnight: Thank you very much.
Commissioner De Yurre: OK.
Mr. McKnight: Thank you.
(APPLAUSE)
Mayor Clark: All right. Folks, please, we got...
Commissioner Teele: Mr. Mayor...
Mayor Clark: ... a full meeting after this finishes, so please hold your applause. Yes, sir.
Commissioner Teele: I'm advised that you have the list, and next will be...
Mayor Clark: I do.
Commissioner Teele: ... Donald Benjamin.
Mayor Clark: Donald Benjamin next. After that, Mrs. Range.
Mr. Donald Benjamin: Mr. Mayor and Commissioners, my name is Donald F. Benjamin. I am
the chairman of the Overtown Advisory Board. For several years, the Overtown Advisory
Board, the Community Development Corporation in Overtown, and other nonprofit
147 October 27, 1994
organizations in the community have attempted to address the economic needs, affordable
housing and social service needs of the community, but have found that the governmental
development assistance committed to Overtown has always been very limited. The promise
made by the City of Miami in 1982 to the Overtown community that the designation of the
Southeast Overtown/Park West Project area as a Tax Increment Financing District, would
benefit all of Overtown, never materialized. In fact, it was known from the beginning that the
designation would only benefit the designated area. This limitation was especially difficult for
us, since more than two thirds of the Overtown Community Development target area were
excluded from the Southeast Overtown/Park West Project area. The establishment of the
Southeast Overtown/Park West Project was the result of painful compromises required of the
historical black community of Overtown, which benefited greatly the nonresidential property and
business interests of Park West. It is now abundantly clear that the previously adopted policy
and strategy of incremental and limited redevelopment of Overtown has been a serious
impediment to the successful implementation of the Southeast Overtown/Park West Project. It is
important and essential that Metropolitan Dade County and the City of Miami establish an
Overtown Revitalization and Redevelopment Authority with an appropriate implementation
mechanism for the effective administration and management of future redevelopment strategies
and programs to improve the quality of life for the residents of Overtown, and for the
administration of the financial tax increment revenues generated for the Redevelopment District.
The Board of County Commissioners of Metropolitan Dade County has already approved the
new Redevelopment Authority by adopting Resolution R 1125-95 (sic) on July 12, 1994. It is
now up to the City of Miami Commission to act similarly. One of the most important decisions
that will ever be made by the Metro -Dade County Commission and the City of Miami
Commission for the redevelopment for all of Overtown is to establish a capable and effective
Community Redevelopment Authority, with strong leadership, dynamic management authority,
well qualified professional staff, and adequate operating budget support to execute intelligent
and well developed programs in a timely manner. An interlocal agreement between
Metropolitan Dade County and the City of Miami should provide for the restructuring of all the
outstanding debt obligations of the present redevelopment area; the conveyance to the new
Redevelopment Authority of all property that is available and deemed appropriate for
redevelopment purposes, and the formal approval of the Comprehensive Redevelopment Plan
and Action Program which covers the rest of Overtown; that is, all those areas in Overtown
outside of the Southeast Overtown/Park West Project area. The Overtown Comprehensive
Redevelopment Plan and Action Program, prepared for the Overtown Advisory Board by the
Florida Center for Urban Design and Research of the University of South Florida was completed
and published in December 1993. This plan cost one hundred thousand dollars, which the City
of Miami gave as a grant to the Overtown Advisory Board about two years ago, and the
Overtown Advisory Board has always been extremely grateful for that grant. In March 1994, the
board made a formal presentation of the Plan and Action Program to the City Manager, who has
since then had it reviewed by all the City departments. This plan could serve as the extension of
and complement to the present Redevelopment Plan for the Southeast Overtown/Park West
Project area. These two plans, together, should become the Redevelopment Plan for the newly
expanded redevelopment area of Southeast Overtown/Park West and Overtown. The Overtown
Comprehensive Redevelopment Plan and Action Program supports the resolution of the Dade
County Board of County Commissioners that a Community Redevelopment Authority with a
representative board of seven Commissioners should be appointed by the City of Miami
Commission, the Metro -Dade Board of County Commissioners, et cetera. The Overtown
Advisory Board recommends that the appointments to the Overtown Revitalization
Redevelopment Authority, which becomes the new official Community Redevelopment
Authority, include widely respected leaders of Overtown, the Greater Miami business and
financial community, and other private and public institutions with expertise in financial
resources that will be committed to solving all the long entrenched economic, housing and social
problems of Overtown. The greatest tragedy for some of us is not that our aim is too high, and
we miss it, but that it is too low, and we achieve it. Overtown is alive. Mr. Mayor, Mr. Vice
148 October 27, 1994
Mayor and Commissioners, help us to keep it alive. The Overtown Advisory Board fully
supports the resolution for the Overtown Revitalization Redevelopment Authority. We strongly
urge you, Mr. Mayor, and your fellow Commissioners, not to miss this opportunity to keep
Overtown alive. Please vote for approval of the resolution. Give Overtown this opportunity to
make a giant step forward with vigor and confidence so that we may rebuild it to its former
historic prominence and excellence. Thank you.
Mayor Clark: Thank you, sir. Mrs. Range. Use either mike, Mrs. Range. It doesn't make a
difference.
Ms. Athalie Range: Thank you, Mr. Mayor, honorable Commissioners. My name is Athalie
Range. I reside at 5727 Northwest 17th Avenue. Mr. Benjamin, in his remarks, asked you to
help us to keep Overtown alive. I ask you to help us to resurrect Overtown, because somewhere
along the way, Overtown has died. I will not bother you with figures, but anyone who is my age
or near my age would have to walk back in history to know the feeling that I have at this
moment, when Overtown was a thriving community, when urban renewal came through, and
then Metro -Dade, when promises were made that even though we were being disrupted, that
we'd come back a new community, thriving, as we had, in the past. And yet, it seems that these
were all vacant promises. Nobody in particular to blame, but all of us must carry the burden.
For none of the things we'd hoped would come to pass have come to pass. And so, at this point
in time, we cannot afford to continue to go down the trail to degradation and just see this portion
of our great City of Miami, and our great County of Dade simply die. I have said on many
occasions to groups to whom I've spoken that Dade County - Miami is just like a beautiful red
apple sitting in the midst of a table, and on the outside, it's shining and beautiful. And I will
give you the circumferences or the components of it. Biscayne Bay, Southwest Miami,
Northeast Miami, the Great Northeast or the Northwest Section. And as we come inward, the
farther in we come, the worse things get. And right in the middle of the Great Northwest section
of Miami, it's a rotting area there. And this Commission and the Commission of Dade County,
if we are, indeed, truthfully wanting to have Miami be what we claim it to be, and when the
Summit of the World comes here in December, if we want them to see Miami as we really, really
want it to be, then we need on this day - not tomorrow, not to study it and come back on the 1st
of December, or the first of January, or later on - but we need on this day to make a resolution to
put our heads together, to pass the resolution that has been passed by the County, and get down
to the business of being, standing shoulder to shoulder, and making Miami what it really ought to
be. Gentlemen, it pains me to know that all over this nation, we are known, black Miami in
general, is known as the poorest in the poverty level of this country. And I know we're speaking
of a small area now. I know we're speaking of Park Overtown East. But unless we start
somewhere, then we're never going to get anywhere. And Park East or Park Overtown is a good
place to start. And I'd ask you today, without further deliberation, to honor the resolution which
has been presented to you by Chairman Teele of Dade County, and let us begin to work more
and talk less. Thank you.
Mayor Clark: Thank you, Mrs. Range.
(APPLAUSE)
Commissioner Teele: Mayor Clark, Mayor Clark, if it pleases you, Mayor Clark, my colleague,
Commissioner Kaplan, who is here, does have to go to another meeting. It's not widely known,
really, but Commissioner Kaplan represents one of the four main precincts, in fact, the largest
precinct in Overtown, and I'm very pleased - including the Miami Arena - and I'm very pleased
that Commissioner Kaplan has adjusted his schedule. Would you allow Commissioner...
Mayor Clark: Please, let him speak.
149 October 27, 1994
Commissioner Teele: Please.
Mayor Clark: Yes, sir.
Commissioner Kaplan: Thank you very much, Mr. Chairman. Mr. Mayor and Commissioners,
it's a great pleasure to appear here before you today. For the record, my name is Bruce Kaplan,
with offices at 111 Northwest 1st Street, in Miami, Florida. I have the privilege of representing
Overtown, and I say it with great pride, because I see the potential, I see the dream, and I see the
great possibilities that this wonderful area holds. Urban redevelopment has taken place in the
South Bronx, in Boston, in Chicago, Los Angeles, and virtually every other major urban area in
our great country. Yet, as you walk the streets of Overtown, I can't help but think of Dresden, or
Munich, after World War II, or even more recently, of Vietnam or some place in the Middle
East. That has got to change. It is a blight, Mr. Mayor, Commissioners, that we need to remedy
quickly. All of the talking and all of the promises fall far short of the potential. As a
Commission, as a County Commission, we voted unanimously to pass the resolution that you
have before you. We stand ready to fulfill our commitment financially, morally, work -wise,
administratively, and I just implore that in the spirit of harmony and unity between our County
and our City, that we meet as partners in this great endeavor, and we bring forward this plan and
this project, and bring to the Overtown community the financial resources and the integrity of
planning that are so much needed in order for us to finally realize the dream, and to stand just as
tall as every other city that has finally done something about urban blight, and turn it into
something of promise for the future. So as we welcome all of the foreign leaders of this great
hemisphere to our City of Miami for the Summit of the Americas - and, Mr. Mayor, I know
you're going to be there welcoming them, and also, you stand as the chairman of the United
States Conference of Mayors that we're very proud to sponsor here in the great City of Miami -
we ought to be able to show them that we have an area called Overtown that's going to receive
the money and the dedication, that's going to turn it into the showpiece of this nation. Thank
you very much, Mr. Mayor and Commissioners.
Mayor Clark: Thank you, Mr. Kaplan.
Commissioner De Yurre: Bruce.
Commissioner Kaplan: Yes, sir.
Commissioner De Yurre: If I may. You're also Commissioner of a large segment of East Little
Havana.
Commissioner Kaplan: Yes, sir.
Commissioner De Yurre: OK. And what we're talking about here tonight makes a lot of sense.
I want to make sure that you're going to be as committed for doing something similar to this for
East Little Havana, who has the same needs that we are talking about here tonight in Overtown,
because if this goes through as we will see what happens in the rest of this meeting, I think that
East Little Havana, Little Havana, in general, has a dire need for this kind of help, and I would
expect your help, Commissioner Teele's help - Chairman Teele's help - in putting that together,
also, to provide that kind of assistance to that area that we are dealing with.
Commissioner Kaplan: Commissioner, I appreciate your comment, and I don't think that it
would be overly presumptuous to say that not only Chairman Teele, but the entirety of my
colleagues would support an effort of similar magnitude for East Little Havana. And I have to
say that in our application for the Federal Empowerment Zone, we're very careful to craft in
similar treatment for East Little Havana and other parts of Little Havana, as we were for the
Overtown and Allapattah areas. We have a unique opportunity, a unique opportunity to establish
150 October 27, 1994
a prototype, if you will, a showpiece in Overtown, and I commit to you that with your support
and the Mayor's support, and I know the Mayor is very concerned about the East Little Havana
area, as is Commissioner Gort, we're going to be able to bring this to fruition as well. So I thank
you for your comments and take that as a mandate to go forward at the County Commission.
Commissioner De Yurre: Well, I think it's the right thing to do for all people. You know, Mr.
Mayor, we talk about we see reports coming out about Miami being the poorest City for its size
and all that, but we have to understand what Miami represents. Miami represents for all of us,
the situation wherein we're taking in people in dire straits and saying, "Come to freedom. Come
to be a part of this system." And that carries a big burden, financially. It's a big burden for us to
absorb all people that enjoy freedom, and we're talking about... We all came on a boat at one
point in time. Maybe not us, particularly. Maybe our parents, or grandparents, or generations
back, and it's the same thing going on. And Miami has become a beacon of opportunity for
people that are coming into this community, and we bear that burden. And as such, we feel
that... I feel, and I think we all should feel that we need to provide the opportunities for all to
make something of themselves, that they want to be, and that's why we're all in this together.
So we need to work cohesively in this process.
Mayor Clark: Thank you, gentlemen.
Commissioner Kaplan: Thank you very much, Commissioner. Mr. Mayor, thank you.
Mayor Clark: Thank you. Thank you, Mr. Kaplan. We're going to hear from Senator Daryl
Jones right now. Daryl. You got the button on, you got to speak.
Senator Daryl Jones: Well, thank you, Mr. Mayor. Well, I was hoping to defer my comments to
a later point in time when it's more appropriate.
Mayor Clark: Well, I thought your time was limited, but then... You want to wait till later, it's
all right.
Senator Jones: I will.
Mayor Clark: Thank you. Now, we'll hear from Reverend John White. Father, do you want to
speak on this also?
Reverend Marquess Barry: I want to. I'm sorry, but I would like to make an observation, and
that is that...
Mayor Clark: Come forward. Father Barry.
Reverend Barry: I don't want Commissioner De Yurre to make the mistake that has been made
so often when we address issues that affect black people by lumping others in it.
(APPLAUSE)
Reverend Barry: Let us do something for us by ourselves for once. And let us take care of the
problem that we have. You know, downtown can only come north, and that's where we are. We
used to be in Little Havana, South Miami. They moved the Bahamians from there, and sent
them to Overtown. Then, as you wanted Overtown, you pushed us to Liberty City. Then when
you wanted some of that, you pushed us to Opa Locka.
Commissioner De Yurre: "You?" I've only been here for thirty-two years.
151 October 27, 1994
Reverend Barry: Well, as long as I've been....
Commissioner De Yurre: No, no, no. Just for the record, I've only been here for thirty-two
years, and I was an eight -year -old...
Reverend Barry: But what I'm saying... What I'm saying, Commissioner, let us not confuse the
issue. We were supposed to have developed - redeveloped Overtown before. Then it became
Overtown/Park West. Every time we talk about Overtown, we've got to always put somebody
else on it. Let's don't do that this time. Let's deal with Overtown.
Mayor Clark: You got enough to carry right now. Thank you, Father.
Commissioner De Yurre: Father, just for the record... Mr. Mayor...
(APPLAUSE)
Commissioner De Yurre: If you listen to my words, these are not words that are conditioned
upon. I never said for this to happen, something else has to happen. I am just saying that I want
the same energy that we see here today to be used to improve other parts of our community...
Reverend Barry: I would support...
Commissioner De Yurre: ... which I think we should all be in favor of that.
Reverend Barry: I would support that. I would support that energy, and I would be just as vocal
for East Havana, but let's not deal with East Little Havana today.
Commissioner De Yurre: So we're all in this together.
Reverend Barry: OK.
Commissioner De Yurre: All right? OK.
Mayor Clark: All right. Reverend John White.
Commissioner Teele: Mr. Mayor, if I may.
Mayor Clark: Yes, sir.
Commissioner Teele: I've invited people here because I think what's happening in Miami is a
lesson in a lot of things. I'm not sure what it is, but we're going to figure that out twenty years,
thirty years from now. I'm not going to say that, Commissioner De Yurre, because I want to be
very clear. I'm not going to play the race bating. I'm not going to play the bait and switch
game. I'm going to be very for real. The City... The Metro -Dade County Commission and its
governmental entities have as its sphere of influence in Overtown. We've got hundreds of
millions of dollars less than two streets over to Overtown. We will make a commitment to
anything within the governmental sphere of influence of the County Government. But we have
no business trying to develop the northeast City of Miami. We're not interested in being a
partner with you there. We're not interested in being a partner with you in 'Liberty City. That's
not within our sphere of influence, only... Until we get to the other side of the City line. We
have no sphere of influence with you in Allapattah or Wynwood, which I am privileged to
represent. And similarly, we have no sphere of influence in East Little Havana, and there's no
need to start playing this thing around like this, because what you're going to do is get some
people making commitments that I'm going to tell you right now, we don't have the legal
152 October 27, 1994
ability... We have no interest in taking over the City limits of Miami. This is your City. We're
happy to be here in the City and have our headquarters there, but we have a sphere of influence,
in that we occupy that area, to make the area around us better.
Mayor Clark: All right.
Commissioner Teele: And to the extent we can cooperate, we want to do that.
Mayor Clark: Well said. From Overtown, Reverend John White.
Commissioner De Yurre: And for the record, Mr. Mayor, I just want to make sure that there is...
If there is a commitment for any part of our community, whoever is a Commissioner of the
County that has influence over that area, it should be an interest to them. And I'm not saying
that you invest millions of dollars in East Little Havana, but there has to be an interest in East
Little Havana...
Mayor Clark: I'm sure there will be.
Commissioner De Yurre: ... like there should be in Flagami, and everywhere else in this whole
County. And those are areas of need. Then we should be there. And who's going to be an
advocate of those areas, if it's not going to be us who are Commissioners of this City? That's
our role. We have to advocate for our community. And as such, we will do that, I will do that.
And part of our community is Overtown. That's what it's all about here today, but that... One
does not take away from the other.
Mayor Clark: Reverend John White.
Reverend John White: Thank you, Mr. Mayor. We want to call your attention that Ms. Dawson
was number four on that list, and I didn't want to get ahead of anybody.
Mayor Clark: I'm sorry. We'll get... We'll get her next. OK.
Reverend White: OK. Thank you, sir.
Mayor Clark: I got inflamed by Father Barry, and I just got with the reverend. I couldn't get out
of that cliche.
Reverend White: Thank you, sir. Appreciate that.
Ms. Kearson: Before you proceed, Mr. Mayor, would you ask all speakers to identify
themselves and their addresses, for the record, so the clerk will know.
Mayor Clark: They mostly have.
Ms. Kearson: Thank you.
Mayor Clark: We know where Father Barry is. We can catch him. Go ahead.
Reverend White: OK. Reverend John White, 245 Northwest 8th Street, the pastor of Greater
Bethel AME (African Methodist Episcopal) Church. Mr. Mayor, Commissioners, certainly on
behalf of Bethel Church and the Overtown community which we serve, as one of the historical
religious institutions in that community, I come today to ask this Commission's support in
establishing the Redevelopment Authority for the Overtown community. Privileged as a little
boy to visit Miami some years ago, and visited Greater Bethel Church, never dreamed of the day
153 October 27, 1994
that I would be the pastor of that church, when I look back in the archives of history. And that
congregation was a viable, thriving church with over four thousand members at one time. And
today... The community of Overtown was a thriving, viable community. That community has
been devastated. That community no longer serves as the apex out of which black folks
throughout America would come to Miami to vacate, to enjoy the leisure community. It is
important that this committee - this Commission - serve this community by establishing this
Redevelopment Authority, so that Overtown can once again become a viable, thriving
community, so that the quality of life can be enhanced for all of the people. For we feel today
that any people who fail to consider their past is doomed for the future. Our past is important to
us as a people. Our history is important to us. We believe that Overtown is alive, it's thriving,
it's on the move, but it can be further developed and enhanced by your commitment, by
establishing and supporting the County resolution to make it to be what we would think it could
be, and what it once was, where people can live, where people can come and feel safe that they
can come and worship, where they can feel part of a thriving community. We urge you, Mr.
Commissioner and Mr. Mayor, to enhance our community by passing the resolution. Thank you.
Mayor Clark: Thank you, sir. Renee Dawson. I'm sorry I missed over you, Renee.
Ms. Renee Dawson: No problem. Mr. Mayor, honorable Commissioners, my name is Renee
Rolle Dawson, vice president of Rolle Realty Associates, located at 241 Northwest 17th Street,
in Overtown. It was approximately 1977 when my father and I, against the better judgment or
best wishes of my mother, began to invest in real estate in Overtown. And principally, his
motivation was because of the promise of redevelopment, that Overtown was to be redeveloped
as the golden mecca of the City of Miami. And so he proceeded to sell off his assets or property
holdings in Southwest Dade, and began to invest in Overtown. We worked with the City staff,
City Commission, on various committee meetings, and task force, and public hearings with
regard to Overtown. From the days of Jim Reid to Matt Schwartz, even to the present day.
Needless to say, as a real estate appraiser, I'm a licensed appraiser in the State of Florida to
appraise real estate, I've watched the property values in my neighborhood, in Overtown decline
over a period of years. I watched the properties decline through neglect, through poor rental
structures. Because of the age and condition of the properties, these properties deteriorated and
declined. Section 8 housing and redevelopment programs, rehabilitation programs, nonetheless.
We've seen spot redevelopment. We've seen property, single-family development decline to nil.
And it's my opinion, my position, and the reason I support this Redevelopment Authority is that
in order to have growth, development, and economic empowerment for the residents of this area,
to develop a sense of pride, we've got to tie it in with home ownership. In our meetings over the
past few months with various City staff and with members of this community, we were told that
one of the problems that we had with the idea of the authority is that we were trying to tie
together economic development with social concerns. Well, that is the nature of Overtown.
There are real people that live there, and there are social concerns that must be addressed, in
addition to the economic and redevelopment concerns. And so, we say that we support a
Redevelopment Authority, because it will be the one agency that the community can look to for
accountability. We don't have to go from one staff department, or from one County agency, but
we can come to the Redevelopment Authority as a business owner, as a homeowner, as a
prospective homeowner, to that Redevelopment Authority, and say, "These are our concerns.
What is in the master plan that would address our needs?" And so I stand before you today to
join in with the others before me to urge you to support this resolution, that we may move
forward with diligent speed. Thank you for your time.
Mayor Clark: Thank you, ma'am. Reverend Ralph Ross.
Commissioner Plummer: Mr. Mayor, if I may, please, I want to clear something that was said by
me previously, and I want to read from the document of Commissioner Teele, and that is in
Section 2, this is what was requested, and I thought that's what we were about. The City
154 October 27, 1994
Manager and the City Attorney are directed to negotiate an interlocal agreement, parenthesis,
"the agreement," with the County, which agreement will reflect the intent of this resolution and
submit such agreement to this body for approval within thirty days of the date of this resolution.
That was what was being asked for.
Vice Mayor Dawkins: Where did that resolution come from, and when did it appear?
Commissioner Plummer: It's not a resolution.
Vice Mayor Dawkins: When did it surface?
Commissioner Plummer: It is a resolution. It has no number on it.
Vice Mayor Dawkins: When did it surface?
Commissioner Plummer: I got this from Commissioner Teele.
Vice Mayor Dawkins: When?
Commissioner Plummer: I received it last... yesterday afternoon. And this is from where?
Ms. Kearson: I don't know where. We didn't...
Commissioner Plummer: OK. All right. I don't either. It's agenda item number 5, page
number 1.
Vice Mayor Dawkins: Beg your pardon?
Mayor Clark: Our agenda item number 5.
Vice Mayor Dawkins: No, no, no.
Commissioner Plummer: There's no resolution attached.
Vice Mayor Dawkins: In the agenda packet, Chairman Arthur Teele sent us a resolution. Now, I
intend to help Chairman Teele explain this resolution that was passed by the County
Commission. I don't know where that one came from that you have in your hand. I don't know
how it surfaced. But I did not have it five days prior, and if you plan to do anything with that, I
will call the rule. I am going to discuss that which Mr. Teele and I have been working on, and
which we will work on the day after tomorrow, the week after that, and the month after that. But
we will discuss that which was sent to me in my packet by Chairman Teele.
Commissioner Plummer: Just for the record, this is not anything that I'm discussing. This is
what I was saying, from the conception, that I think Mrs. Range, for one, misunderstood, that
what I was told was this is what was trying to be accomplished, and that was just for reading of
the record.
Mayor Clark: All right. Please, Reverend Ross. Reverend Ralph Ross.
Reverend Ralph Ross: Honorable Mayor Clark and Vice Mayor Dawkins, City Commissioners,
and ladies and gentlemen, thank you so very much... Oh, my address is 301 Northwest 9th
Street. I'm the pastor of the historic Mount Zion Missionary Baptist Church, whose founders
had something to do with the founding of this great City. I am honored to have this opportunity
to speak in behalf of the establishment of a Redevelopment Authority for Overtown. The blight
155 October 27, 1994
and the plight of Overtown are well documented and well known, not only in South Florida and
the State of Florida, but throughout this country. And the need for its development is old news.
The fact of its redevelopment is long overdue. Any responsible public official can ill afford the
luxury of ignoring or failing to support the redevelopment of Overtown. In my considered
opinion, the best way to do that is to support Chairman Teele's proposal to establish a
Redevelopment Authority, an independent Redevelopment Authority which will put some focus,
if you please, and some specificity in ameliorating the blight and the plight that plague not only
Overtown, but the City of Miami, the County of Dade, and the State of Florida. If you would
allow me to just give one illustration, I will take my seat. I think that the City of Miami is sick,
and I think that its greatest symptom is Overtown. There are some people who might feel that if
my toe is hurt, I can say my toe is hurt. When my toe is hurting, I'm hurting. If I have a sick
liver, I cannot say that I have a sick liver. I am sick, and it will threaten my life. And we know
that if the heart is sick, the life is threatened. And I feel that the blight and the plight of
Overtown are symptomatic of a sick heart of the City of Miami, and the County of Dade. And
this City and this County cannot be healthy if we do not ameliorate those problems. Let me
close by saying this. People, a person, people, a City, and a country need three things in order to
be healthy and to be productive. They need to have the need to belong satisfied. They need to
have the need to be wanted satisfied, and need to have the need to be useful satisfied. The blight
and the plight of Overtown cause the people who live there, and work there, and serve there to
feel that they are not wanted, they are not needed, and they cannot make a useful contribution.
So I beg you, my fellow Commissioners, if I may say it that way, to please support this
resolution which Commissioner - I mean Chairman Teele has presented to develop and establish
a Redevelopment Authority specifically for Overtown. Thank you very much.
Mayor Clark: Thank you, sir. We will now hear from Mr. Ronald Fields.
Mr. Jeffrey Bercow: Mr. Mayor and Commissioners, Mr. Fields has graciously allowed me to
switch with him. I'm Jeffrey Bercow, 200 South Biscayne Boulevard, in Miami. I've been
interested in Overtown issues for quite some time, not just as a citizen of Dade County, but as a
member of the Downtown Development Authority since 1988, and now serving as its vice
chairman. Southeast Overtown/Park West is part of the DDA Development District. It's been in
existence for over twelve years at this point. Despite some very significant accomplishments, it
has fallen far short of its documented goals. We think it's time to try something new, something
that will work. It's time to create an independent Overtown Redevelopment Authority. And I
am happy to present today a copy of a DDA resolution supporting in concept the creation of an
Overtown Redevelopment Authority, an independent Overtown Redevelopment Authority.
Vice Mayor Dawkins: You did say "independent"?
Mr. Bercow: Yes, sir, independent. I'd like to ask the Commission to support that concept
today, and in particular, I'd like to ask Commissioner Plummer, as the former chairman of the
DDA Board to support the concept, and Commissioner Plummer, as the person who is
responsible for appointing me to the board, I'd like to appeal to you personally, please, to
support this concept. Thank you.
Mayor Clark: Thank you, sir. All right. Now, Mr. Ron Fields.
Mr. Ron Fields: Thank you, Mr. Mayor and honorable members of the Commission. My name
is Ron Fields. I live at 15144 Southwest 127th Court. And it's indeed a pleasure to come before
you for a couple of moments, and I bring an interesting perspective, as a native son who went
away from the City of Miami some ten years ago. I'm a practicing engineer registered here in
Florida and several other states, and I've been on construction assignments for the past ten years,
but my new assignment brought me to Miami about a year ago. And I'm also a member, a
Board of Trustees member of Dade Heritage Trust Preservation Group. And I must say, as a
156 October 27, 1994
professional business person, as well as a member of the community, the... Not a whole lot has
changed with respect to Overtown for some ten years ago, as I remember it. In fact, a lot more
has deteriorated. And my firm that I work with, Post, Buckley, Schuh and Jernigan, which has
been in the City of Miami for some thirty -something years, has a strong concern regarding not
only Overtown, but other areas within the City of Miami, and also Dade County, as we do
business here. And I'm here to pledge my efforts in helping out in whichever way I can to help
this situation get off of dead center here, and get going. And I urge you, Commissioners, to
support the resolution the County Commission has passed, to establish an independent Overtown
Redevelopment Authority.
Mayor Clark: Thank you, sir.
Mr. Fields: Thank you.
Mayor Clark: Mr. Lestor Simon.
Commissioner Plummer: To establish what? I think we have. I'm almost certain we have.
Mr. Lestor Simon: Mr. Mayor and Commission, my name is Lestor Simon. My address is
20230 Northeast 3rd Court. I am an investment banker with Pryor, McClendon, Counts and
Company, and I'm here today to support the Overtown effort, and support the resolution, as
mentioned earlier. I have to share a little personal history with you. I was director of the
Housing Finance Authority when the two major apartment projects were financed in Overtown,
Overtown/Park West. And I'm sure Mr. Mayor remembers, the Mayor supported the efforts of
the Housing Finance Authority. So I was very much involved with the financing and trying to
look at the risk involved with, Overtown effort. I am here today because I think it's important,
and there are several issues that I think is very important. For number one, we must deal with
the issue of Overtown now, not later, now. There are reasons for that. For one, there must be a
holistic approach to the redevelopment of Overtown, not a sporadic one. It must be holistic.
Secondly is, you know, it's like in real estate. It's location, location, location. The location is
ideal. It is... It has always been, and it has a varied people. And next is the market conditions.
As we prepare for the Summit, we can't ignore the issue of the global marketplace. And it just
so happens that our community and the Overtown community is positioned to take advantage of
that kind of positioning as it relates to the global marketplace. Airport, seaport, downtown.
Another issue is the physical infrastructure. You have, the County has, you have made a
commitment to the kind of infrastructure that it takes to take a holistic approach. Transportation,
and all the other kinds of facilities are there, and the commitment has been made. And, of
course, the human resources, as you can see. The human resources is stable, it is motivated, as
you can see today. When you have a human resource that is motivated, and all the other factors
that I've talked about, you have the ingredients for vision, you have the ingredients for growth.
And the last item is economic rich history. It's not like it's like in finance, you know, how you
have no history, you take risk. This community has an economic history. So your risk is
minimized. So I say to you today, we ask for your support, to support an innovative, and
creative, and holistic vision now. Thank you.
Mayor Clark: Thank you, sir. Dr. Linda Brown.
Dr. Linda Brown: Good afternoon. I am Linda Brown. I reside at 555 Northeast 15th Street,
Miami, and thank you very much for allowing me the opportunity to speak to you briefly today.
As we take a holistic approach to revitalizing and redeveloping something that evidently was in a
very thriving mode at one time, and evidently, through some form of neglect, be it policy -
making, or lack of policy -making on the City part, we must now make amends for the mistakes
that we made. I mean, we're only human, so we're going to make mistakes. But now is the time
to take the steps forward and to move forward. Miami is a beautiful City. I moved here not too
157 October 27, 1994
long ago, and I'm still here because I love this City. It's great. Others who come also wish to
stay, but safety is an issue. One of the things that I feel we would need to concentrate on is the
education perspective. We must instill pride, we must give an avenue of vision, and we must
tread the way by providing for the individuals that live in Overtown a methodology to achieve
achievable, reachable goals, and short-term and long-term approaches. I also would like to say
that I do work with Miami -Dade Community College. We have one of our campuses located
right in the heart of Overtown. It is our medical campus. We have done many outreach
community programs. Miami -Dade Community College is not known as the nation's most
innovative college in the world simply because we sat back and waited for others to tell us how
to do it. We took the initiative. We have gone into the community. We know from the grass
roots of the community that their major focus that they would like to see some effort taken place
is crime. Make our area safe. Economics, give us the ability and a will, a way, and a method to
achieve our own economic base. We also understand that they need education, training and
retraining, health and other social services. These are the kinds of things that we know that is
needed in order to bring about a viable community. So I'm in agreement with all the other
speakers who have spoken today. The time to act is now. We're already past due. Thank you.
Mayor Clark: Thank you. Robert Franklin.
Mr. Robert Franklin: Thank you, Mr. Mayor, Mr. Vice Mayor, Commissioners, and Mr.
Manager. My name is Robert Franklin. I reside at 3124 Mary Street, in Miami. I am
cochairman of the Chamber of Commerce Overtown/Park West Committee. I also serve on the
board of the Ann Marie Adker Overtown Health Center, for which we thank you for your
previous support this morning, and I'm on the technical committee of Mr. Benjamin's Overtown
Advisory Board. However, today, I want to speak to you just briefly, and my comments will be
very brief, and narrow it to my professional life, which is vice president and chief operating
officer of Miami Arena, which, of course, is located on the boarder of downtown and Overtown.
Eight or nine years ago, that decision was made to locate the arena at that part of town. I
personally was not here at the time, but I understand it was a very much hotly debated issue. I
personally think that that decision was right, and I think now is the time to make a recommitment
to that decision. In the six years that Miami Arena has been open, we've had nearly one
thousand events. We've attracted more than eight point five million people. So we've been a
successful entity in that location. However, the reality is that those eight point five million
people I speak of are really probably a couple of hundred thousand people who've come to
multiple events, Heat and Panther games. And the unfortunate fact is that the vast majority of
citizens in our market area in Dade County don't come to Miami Arena on a regular basis, and
probably, the majority have never been to Miami Arena, and I dare say that the most important
and overriding reason for that is because of the perception of crime in the area, and the
discomfort of coming to downtown/Overtown, Miami. Sooner or later, as you all know -
hopefully later - but sooner or later, patrons and attractions and teams will all have a choice as to
what arena they choose to play in and attend. Probably, that choice will probably be between the
downtown urban arena, namely, Miami Arena, and a new, modern suburban located arena,
somewhere, most likely, north and west of downtown Miami. Now is the time that we must act
so that we have a fighting chance to retain the teams, to retain the attractions that are playing the
arena, and to retain the patrons who still come to the arena. This is not the most important
reason that we have for supporting this issue. You've heard many more important human and
social reasons. But I want to bring the perspective of the arena and the private sector, and
knowing that the arena is near and dear to all of you, and particularly, those of you who have
been or are involved with the chairmanship of the Sports Authority. In conclusion, the decision
of eight years ago was the right one. Now, we must recommit to that neighborhood, and I
believe that an autonomous Redevelopment Authority is the only vehicle to do so. I urge you to
pass the resolution today as proposed by Chairman Teele.
Mayor Clark: Thank you, Mr. Franklin. Mr. Dwayne Winn.
158 October 27, 1994
Mr. Dwayne Winn: Good afternoon, Mr. Mayor, Vice Mayor, members of the Commission,
friends and supporters. It's a privilege for me to be here before you today to talk about an issue
of such importance in dealing with our community as a whole, and the way we are perceived as
we go into the future. As a native of Miami, as a person who grew up in, as Reverend Ross said,
historic Mount Zion Baptist Church, it's a privilege to reflect on the greatness of Miami, on the
positives that we have, and on some of the negatives that we're known for. Miami is a place of
great challenges, rewards, and disappointments. We've been awarded the hemispheric summit.
We've been awarded the Superbowl. We've also been told in the last two weeks that we're
number one in poverty in our community. We have a great likelihood of being on "Life-styles of
the Rich and Famous," and on "Cops," on the same night. In terms of trade, we're told that
we're one of the best places in the world to do business, by Forbes, by the Wall Street Journal,
by Fortune Magazine. We're also told by the chief executive offices of the companies that we're
asking to come here and do business that they're not comfortable with our educational system,
that our crime rate is too high, and that we are disproportionately overrun with drugs. And so as
we talk about the opportunities for the future, and what the State of Florida, and South Florida, in
particular, will experience. We know that trade in this state is roughly around thirty-eight billion
dollars. Two thirds of that is done here. Twenty-eight billion dollars in trade -related activity.
We're told that tourism is one... Tourism represents a large segment of our business in this
community, eleven billion dollars. But if you go into the traditionally African -American
communities, you don't see the benefit directly from some of the most prosperous industries of
our country. Trade, tourism and health care represent the future not only of South Florida, but
also all of Florida, and therefore, taking us into the future of this country. And so I simply want
to ask you to help us in looking forward to making an historic move in bringing about equity. As
a great man once said, a rising tide floats all ships. And so we're looking to include the African -
American community in the historic district of Overtown, in the great prosperity that Miami,
certainly, will realize. I'd like to share with you a very brief poem by R.L. Sharp. It goes:
"Isn't it strange that princes, and kings, and clowns that caper in sawdust rings,
and common people, like you and me, are builders for eternity? Each is given a
bag of tools, a shapeless mass, a book of rules. And each must make 'ere life is
flown, a stumbling block or stepping stone."
I'm here to urge you to support this resolution, and to help us build stepping stones to making
Miami the center of trade, commerce, the cultural center of the world, and a global gateway.
Thank you.
Mayor Clark: Thank you, sir. Mr. Vernon Fletcher.
Mr. Vernon Fletcher: Mayor Clark, Commissioners, thank you for allowing me the opportunity
to come before you. My name is Vernon Fletcher. I reside at 545 Northwest 210th Street. I
work at First Union National Bank. I have lived in Miami for over twenty years. I recently left
Miami and came back, and noticed the tremendous amount of development that was going on in
the surrounding areas of what I consider Overtown. At the same time, as I visited the Overtown
area, one that I had watched over the years, I saw absolutely no direct benefit from the
development that's going on around Overtown. There is a need for the quality of life to be
enriched in Overtown. There is need for economic development. That's going to call for some
capital development that needs to get a jump start. I think the program that's being proposed
gives it that jump start. I think the affordable housing issues that surround Overtown will take
care of themselves once we get this capital investment. I think this is a tremendous opportunity
for a spirit of cooperation between the two Commissions, because the development is needed
right now. So I urge you to pass the proposal that's before you. Thank you.
Mayor Clark: Thank you, sir. Anthony Brunson? Elaine Black? Where's Mr. Brunson?
Mr. Derek T. Davis: I'm speaking for Elaine Black. She's not going to be...
159 October 27, 1994
Mayor Clark: You don't look like Elaine to me.
Mr. Davis: I'm not Elaine.
Mayor Clark: All right.
Mr. Davis: Elaine had to leave. She asked me to speak for her.
Mayor Clark: Give us your name and address.
Mr. Davis: My name is Derek Davis. I'm the executive director of Black Archives History and
Research Foundation of South Florida. It's located at 5400 Northwest 22nd Avenue. The Black
Archives has joined with the City of Miami in a venture called Historic Overtown Folk Life
Village, where we've been working for years with the City of Miami to develop an area in
Overtown, mainly the Dorsey House and the Lyric Theater, which we've been glad to have the
City working with us in that project. And in the marketing study that was done at the beginning
of it in 1982, it showed that having cultural facilities like the museum and the Lyric Theater
would be a great tourist attraction in that area. And frankly, I know from the Black Archives
standpoint, when we went into that agreement that we felt that there would be other economic
development in that two -block area, there would be other things coming around, like restaurants
and other things. And frankly, those things aren't there. Now, the Black Archives is not always
the fastest, you know, fastest organization in developing projects. And I think the fact that the
Black Archives is now ready to open the Dorsey House, and there are no other development
around there, it's sort of like, to us, it's a let down, and I'm sure to the City of Miami, it's a let
down that there has not been more development in the Historic Overtown Folk Life Village. So
we support having an authority to address the complex problems of developing businesses in that
area. So we fully support that, and I hope that it is within the power of this body, not just to go
beyond just discussing the resolution before you, but to actually to make a resolution of your
own, and go forward, and have something that when we go back, that we can say that there will
be positive motions to have economic development in that area. I know as I stand here and I
look at the symbol of the City of Miami behind you, and I see that 1896, and I know that the
Black Archives, we've been working diligently to have something for the Centennial of Miami
in 1996. But I think that there's just so many time pressures. And I hear Commissioner Teele
says that he has sixty days to get back and report on what he can do with the money. It just
shows... It's just more and more time factors pile up. And I said that we need to have something
done. We need to have some things done quickly, so that when we get to 1996, that Overtown
could be something that the whole City of Miami can be proud of. I know that when the City of
Miami was incorporated that many of the citizens of Overtown, because there were a third of the
men who stood to have the City incorporated were black residents of the City of Miami. And I
know from the Black Archives files, and talking to the pioneers that the men who helped to stand
to incorporate the City were proud of the fact that they helped to make Miami a City. They
were proud of the fact that they were involved in the incorporation of the City. But I would
wonder how they would think, if, in 1996 that they came and saw Overtown in the condition that
it is now. And I think that they would feel better, we would feel better, the residents of
Overtown would feel better, the County would feel better, everyone would feel better if there
was some positive action in redeveloping the Overtown. So we fully support an independent
Development Authority in the Overtown area. Thank you.
Mayor Clark: Thank you. Thank you, sir. Mr. George Knox.
Vice Mayor Dawkins: Why are you giving him special privileges? He's not on the menu.
Mayor Clark: He was asked to be.
160 October 27, 1994
Mr. George Knox: Well, allow me to introduce myself.
Commissioner Plummer: Back to hotdogs.
Mr. Knox: Thank you, Mr. Mayor and members of the Commission. My name is George Knox,
and I reside at 2725 Southwest 22nd Avenue, in the City of Miami. I was just reminded that on
an evening such as this in 1976, I was privileged to occupy for the first time the seat as your City
Attorney. And I thought at that time that that was a defining moment, that somehow, I could
lend my short tenure as a professional, but my wholehearted commitment and support to the
efforts of the City of Miami to make its place in history. Eighteen years later, there is another
defining moment in the City of Miami. It's probably... Mohamed Ali said it best, as he was
about to fight Joe Frazier for the first time. As he was going to the ring, in his own poetic way,
he said, "The moment of truth have arrived." And the power of that message is that it conveyed
something regardless to the correctness of the grammar. In America today, and especially in
Miami, many people are saying, because we sit at the crossroads of history that we are at a
defining moment. As a common citizen, I appeal to you to seize this moment, which is the
crossroads of the history of the City of Miami, and do, do, and I emphasize, do precisely what
each of you, as committed citizens, know must be done at this defining moment, and that is to
turn over the destiny of the heart and soul of this community to those whose blood flows through
it. Thank you very much.
Mayor Clark: Thank you, sir. All right. We'll now hear from Mr. Harold bong. Harold Long?
Yes, sir. For the record, name and address.
Mr. Harold Long: Thank you. Mr. Mayor, Vice Mayor, members of the Commission, my name
is Harold Long, 4770 Biscayne Boulevard. I'm also the chairman of the board of the
Metro/Miami Action Plan. And I consider it quite a privilege to appear before you now, take
this opportunity to tell you that the Metro/Miami Action Plan enthusiastically supports the
adoption of the resolution creating the Overtown Redevelopment Authority. Since its inception,
the Metro/Miami Action Plan has always addressed the economic, social and other disparities
that exist between the African -American communities and its counterparts. We have often gone
on record as criticizing the Band-Aid approach to social and economic ills that plague African -
American communities. This, without limitation, includes Overtown. And it is against that
backdrop that we are quite excited about the initiative that was unveiled at this year's State of the
County Address by Chairman Teele. And we hope that we can also instill the same excitement
within the members of this Commission. There are several factors about... There are several
factors that we consider are important. One, we know that it will work. It's worked in
Pennsylvania Avenue in Washington, D.C. In fact, the Development Authority has worked in
downtown Miami. Number two, it offers a comprehensive approach to addressing the disparities
within Overtown. Number three, we're halfway there. The County adopted the companion
resolution on July 12th of this year, and we urge you to take that last historic step to make this
Authority a reality, to take advantage of the window of opportunity that's presented here today,
one hundred and eighty days from the passage of the County ordinance, to develop west as well
as east of the railroad tracks in Overtown. You know, as we host the Summit of the Americas,
and certainly, we'll host other reknown events in Miami, we must recognize that a chain is only
as strong as its weakest link, and a City can only be as great as its most blighted area. We
cannot, and should not, and must not allow persons to come into this great City, view the City,
and then observe Overtown as the last dying rose of summer. We urge you to support this, to
support it now. Let's establish the... Let us proceed and establish the Redevelopment Authority,
let us not take Band-Aid approaches, let us move forward, let us be progressive, let us be
assertive, and let us act now. Thank you very much.
Mayor Clark: Thank you, Mr. Long. Senator Jones.
161 October 27, 1994
Senator Daryl Jones: Thank you, Mayor Clark, Vice Mayor Dawkins, Commissioners. My
name is Daryl Jones, State Senator, District 40, 9300 South Dadeland Boulevard, Number 401. I
don't come before this august body very often, and never really have asked for much from you.
But today, I'd like to ask you to help us do something. I guess it's probably pretty easy to see
which side of this issue I fall upon. I represent, in addition to the Florida Keys and South Dade, I
represent all of the area being contemplated by the Redevelopment Authority in Overtown, and
so most of the people sitting here are also constituents of mine. Several of the speakers have
already said, very eloquently, many of the points that I would like to make, so I will be brief.
Mr. Knox, Mr. Winn, Mr. Long have indicated to you the big picture of how things are perceived
in the City of Miami. Certainly, the people in Overtown want to have economic development,
they want to be able to control their own destiny. People who visit Miami want to feel safe.
Other areas are now beginning to learn, such as Atlantic City, that the inner city is a detractor to
tourism, and that perhaps if they do focus in on it, that they can enhance tourism within their
community, and I think that that would play, as well, here. The Redevelopment Authority
provides an opportunity to create a focus, a focus on the blighted areas of our community. And I
know that we've tried in the past, admirably, to try to correct that. But over the nearly one
hundred years of the existence of the City of Miami, and the thirty-seven and a half years of the
existence of the Charter of Dade County, hundreds of billions of dollars have been collected and
sent out from these governmental entities, and proportionately, very few of those dollars have
come into the Overtown area, very few of those dollars. And so I ask that you make a decision
to establish this public, public partnership. What every inner city has learned around the country
is that no one entity can do it alone. And in the attempts that have been made before in the past,
nearly all have been unsuccessful to redevelop the blighted areas of the inner city. This is a
potentially wonderful win/win situation for both the City and the County to come together, to
acknowledge that it's very difficult for any one of them to do it, to get it done, but together, they
can make it happen. And so if you have the courage and fortitude to put forth, to decide in favor
of this resolution, I think, potentially, you establish yet another model of success coming out of
the City of Miami, which can be followed around the country. And if you do deem it
appropriate, although I would hope that you wouldn't, to make amendments in some way - I'm
not sure procedurally how that would happen here or not - but if you do deem it appropriate to
make amendments, and I hope you don't, I would hope that, at least, we try to keep it fair and
equitable, that we don't, like - and you know how politics works, we're all involved in it - that
we don't meet the technical specifications, yet strip away the spirit and substance of what we're
trying to accomplish here. As has happened in the past, in so many other different situations we
have seen, where legislation, and ordinances, and other things have been passed, which were
supposed to be able to do so much, but when it comes down to getting the job done, because of
the pressures that are brought to bear, because the system is not fair, that it really doesn't happen
that way. That could happen here, too. And so in addition to passing the resolution, I also ask
for your personal commitment that we see this thing all the way through, and that we are
committed in doing what is right, what is best for this community, and that is the redevelopment
of Overtown. Thank you.
Mayor Clark: Thank you, Senator. I would like, as a personal point of privilege, I would like to
invite up to the microphone an old friend whose been through these systems a long time,
Maynard Jackson. Mayor Maynard Jackson, former Mayor.
Mayor Maynard Jackson: Mr. Mayor and Commissioners and the people of Miami, how are
you?
Mayor Clark: Very well.
Mayor Jackson: Mr. Chairman, I am, and Mr. Mayor, I'm here because Art Teele told me to be
here. And I've never learned how to say no to Art Teele. I was in town on other business, and
162 October 27, 1994
next thing I knew, his staff came and said, "Chairman Teele wants you to come with us." They
took me, and put me in the car, and brought me here. And I'm still waiting to find out what I'm
going to do. I'm standing by for orders from Commissioner Teele, but let me just tell you that
last night, Art put me in the car, and the only place he took me was to Overtown. He drove me
all around the streets, showed me the section, took me to Booker T. Washington Middle School.
We saw midnight basketball, and I met a number of wonderful people there. And I can tell you
that as one who served Atlanta for twelve years as Mayor, and four years as Vice Mayor, I fully
sympathize with the challenge you face, and I'm confident that you will make the right decision,
whatever that is. If I can be of any help in any way whatsoever, I've made more than my share
of mistakes, so I can at least advise you what mistakes not to make. Ha -ha-ha. But if I can be a
friend and a neighbor from Atlanta, call on me. I'll be happy to do it. Thank you very much.
Mayor Clark: Thank you, Mr. Mayor. Thank you.
(APPLAUSE)
Mayor Clark: Now, you drive... You're up, Arthur.
Commissioner Teele: Thank you very much, Mr. Mayor. The hour is late. There are a number
of persons who were going to speak or had indicated they would. Now, you've heard from
Father Barry and many of the ministers of Overtown. Reverend Nevins, who did not speak,
Reverend William Johnson, of Temple Baptist. Mr. Mayor and members of the Commission, I
think it's important that probably, the persons who influence and have more people working in
Overtown are here. The president of the Longshoremen's Union has been sitting back quietly
with his wife of many years, Clarence Pittman and Mrs. Pittman. They're here because they
represent, really, the last great vestige of the greatness of Overtown. Most of the men and
women that work on the ports and work throughout this community on the docks come out of
Overtown, and they all are in Overtown every morning. Similarly, the person who employes
more people in Liberty City and Overtown is here. He sat back quietly, hadn't said a word. The
president of the International Laborers' Union, Mr. Al Houston. Nobody's left, nobody's in a
hurry. We just want to sit down and try to work this thing out. The Overtown Advisory Board
members, many of whom are here; the Historical Board of Overtown, many of their board of
directors and members are here. And there are people here that are all important, many of the
people who have reached the golden age of their life, and who are working now just to make it a
little bit better for their grandchildren and great-grandchildren. Ms. Ayres is one, and many
others. And how can I forget the family that had so much to do with my maturity and
understanding of civilian politics? You see, I served in the military as an airborne ranger for
nine years, and when I set up my law practice, after having grown up and gone to school in
Florida, came back, it was Gwen Cherry who took me by the hand and took me around the State,
and introduced me to all of her friends. We demonstrated against the Ku Klux Klan. I guess that
was a few Christmases ago. I'll never forget that Christmas. And her brother and her sister-in-
law have always been a source of support to me, Bernice and Bill Sawyer, who are here, doing
what they've been doing, as their father did before them, trying to make Overtown a little bit
better. You've called on Mayor Jackson, who is very kind, but he's someone who advises me on
many matters. He's one of the greatest Mayors that ever served in the United States. We all
know that.
(APPLAUSE)
Commissioner Teele: And much of the limited success that I had across the nation was the fact
that even though I was appointed by a President that he didn't vote for, Maynard Jackson will
tell you that we treated, and I treated Atlanta fairly. And I told Maynard, because we've got to
make it right. in the Overtowns of Atlanta, it's just not enough that I be worried about the City
that I live in. We've got to be worried about urban America. And the MARTA (Metropolitan
163 - October 27, 1994
Atlanta Rail Transit Authority) System, I'm very proud to say, which I was ordered by the OMB
(Office of Management and Budget) director not to fund, continued to be funded, even though
we were cutting back, and we terminated a project in California, and terminated projects around
the country. We kept Atlanta going, because Atlanta means so much to every African -
American, and every dweller in the inner city in the south, and it's symbolic of where we've got
to be. And then there's Mrs. Range, who is the... they said many things about, most of which is
great and good, but the fact of the matter is, she's been a pillar in this community and for this
Commission, and the fact we all know that Mrs. Range has many other things she could be doing
other than sitting on the front row of a Commission that she served on for so many years, so
many times. I think it really should be a very unspoken message that this time, there are a lot of
people that are ready to move forward and that are concerned about the future of Overtown. The
County Manager has assigned his staff there. Kathy Coleman, senior policy advisor, is here
from the Office of CED (Community and Economic Development), senior planners, and I will
be assisted by Khalid Salahuddin, who is Assistant County Manager, and works directly for Dr.
David Morris in trying to make this presentation clear, and yet concise. Mr. Mayor and
members of the Commission, it's very simple. You're wearing two hats right now. You're the
Mayor in City Commission of the City of Miami, but you also sit as the Board of Directors of the
Redevelopment Authority. I don't know if you all, your lawyers advise you, although we work
hard at trying to make sure that when we're sitting as a board, that we change roles, that we
don't change seats, such as an MPO (Metropolitan Planning Organization.) Mr. Mayor, you
know so well the discussion we've had, that it's important that the public know that when you're
sitting as the MPO and not the County Commission that you're in a different role. You're in the
mode today of the City of Miami, but you're also in the mode of the Redevelopment Authority,
because in 1982, the County Commission passed a resolution, an ordinance that created the
Redevelopment Authority, and it made the City Commission the board of the Redevelopment
Authority. My staff has worked with your Legal Department, your Clerk. We can't find any
record of where this Commission has convened itself in the last two years as a board of the
Redevelopment Authority. And that may be just sort of a play on words to some, but someone
has got to wake up every morning and know that their job is on the line, on the redevelopment of
Overtown, if it's going to work. And right now, we phase in and out of whether or not we're
sitting as a board of the City Commission or the board of the Redevelopment Authority. The
simple fact is, we're asking simply one thing, Mr. Mayor and members of the Commission; that
you divest yourselves of the hat of the board of the Redevelopment Authority, and that you
appoint, along with the Governor, a majority of the members of the board of the Redevelopment
Authority, people that this Commission would have confidence in, and make them independent,
as in every other Redevelopment Authority that has worked. When you look at downtown Fort
Lauderdale, downtown Saint Petersburg, or even the Pennsylvania Avenue Redevelopment
Authority in Washington, D.C., the one common denominator, the one common denominator
that these boards have is that the boards are only concerned about the redevelopment of the issue
that is at hand. And I think it's quite laudable, I think it's quite ambitious, but quite frankly, Mr.
Mayor and members of the Commission, it is not realistic, given the pressures of governance,
and the complexities of governance in an urban setting, to believe that the City Commission, or
the County Commission, or any other general government body is going to be able to devote
sufficient time and attention and oversight to the day-to-day issues associated with the
redevelopment of Overtown. The lots are overgrown, the infrastructure is declining, the
infrastructure that you put there is declining, that needs a lot of attention. And so this is very
easy, it's very simple, it's not complicated. I've heard... I spent two hours talking to the Herald
Editorial Board people, trying to... I was in the military, I was on the J-3 staff, but I heard more
disinformation around this issue than I've heard since I was in Vietnam. The fact of the matter
is, this is very, very clear as to what we're asking for, an independent Redevelopment Authority.
The Redevelopment Authority already exists, Mr. Mayor. There's a Redevelopment Authority
in existence. There's no independent Redevelopment Authority. And what we're asking for,
very simply, is that the County Commission and the City Commission agree together to jump
start the stalled development in this community which has been stalled now for at least five
164 October 27, 1994
years. And we will put up ten million dollars, and two million dollars of in -kind. And we will
put that money up within the first two years. To be very candid with you, it's my intent to urge
the Commission to move forward within the first ninety days and put the ten million dollars up,
and fund this Redevelopment Authority, and the tax increment district that it manages. And we
would also commit to place two and a half million dollars of in -kind services available, an open
check, an open draft, if you will, of in -kind services. Not legal services, Commissioner Gort. I
don't know where that came from. That's some more of the... that's some more... That is as an
example. It's as... It says, "for example," or i.e., which means that we would provide any
service you want, secretarial, typing, legal, motor pool, anything you can come up with that you
don't have. You need a car, the Redevelopment Authority, we're prepared to make the cars
available so that the Redevelopment Authority staff doesn't have to use the money to go out now
and buy a car, or rent a car, and take that off of the actual dollars that need to be used for the
project. Why are we doing it? Because we want to see something happen. And why do we
want to see it happen? It goes back to the point that I wanted to make to Commissioner De
Yurre. Overtown today... Overtown a hundred years ago, when Mr. Flagler got here, was over
town. Today, Overtown is downtown. It's within our sphere of influence. There is nothing we
can do in terms of growth of this community that is not going to impact positively or adversely
Overtown. And the same thing is true of Miami -Dade Community College, the same thing is
true of the entire judiciary, the same thing is true of the Department of Health and Human
Services, which has its offices even more into Overtown than ours, and as development goes on,
as government gets more complex, the judicial now is taking the Courthouse Square, which is a
part of the increment district. More and more, we're going to affect it, and we want to be a good
neighbor. This isn't about... This is not about assisting the City of Miami in carrying out its
Constitutional and statutory obligations to administer within the boundaries of the City of
Miami, and with all due respect, we're not going to get into that. We're not going to help
redevelop Wynwood, we're not going to help redevelop Northeast City of Miami, we're not
going to help redevelop Little Havana, we're not going to redevelop Little East Havana, we're
not, because that is not within the purview of Dade County. We are the City Hall, your City Hall
for four hundred and thousand people, roughly, about three hundred and seventy. We're City
Hall for a million people that have no City, called Unincorporated Dade County. We've got
Goulds, we've got Perrine, we've got Naranja, we've got Miami Lakes. We're City Hall for
them. We do the zoning, and we have, for the last twenty years, stolen, cheated and slighted the
residents of those communities by taking funding and putting it into the urban areas. Mayor
Clark, you should know, I'm sure that Mr. Bailey has advised you that the Federal regulations
have been posted, I guess, now, on August the 10th, on the CDBG reg's that say we can no
longer do that, the draft rules. It says that the proposed restructuring and restricting of the use of
CDBG funds outside of the jurisdiction of the recipient. Our CDBG dollars are non -entitlement
area dollars. We get twenty million dollars, roughly, or eighteen million dollars, roughly, for
one point two million citizens in unincorporated Dade County, and in the City of Opa-Locka and
Florida City. The City gets fourteen million dollars for the four hundred thousand residents of
the City of Miami. Now, this is not a problem for us. We have more need... If you drive down
to Goulds or Perrine, and I invite you to come to the Orange Bowl Parade, which we're going to
hold down in the south end of the County. There's more than enough need there to go around.
The fact of the matter is, is that the Commission, more and more, is looking at restricting the use
of those funds, CDBG funds, to what is called the entitlement area, and no longer will we be
sending money to Miami Beach, as we did to help restore South Beach, or Hialeah, as we have
been doing to support technical assistance for minorities, or the City of Miami, where we have
spent a vast majority of our dollars for an array of social, physical programs, and otherwise. So
let's be very clear. What we're proposing to do is take the last train out on the CDBG funding to
do a 108 loan, which would be a loan to us, and a grant to the tax increment district of the
Authority, and put it there, cash, no questions asked, just do the job. Mr. Mayor, I will conclude
by simply saying the following. We've made a lot of promises, we, public officials, about
Overtown. We've made numerous commitments. As you know, the Decades of Progress Bond
made a commitment that we were going to spend millions of dollars in Overtown. It didn't
165 October 27, 1994
happen. We've made commitments as a part of Bayside that we were going to complete and fix
up the... across the street, in what is now Overtown. We didn't do that. We built the Miami
Arena. The biggest problem with the Miami Arena is not what, with all due respect, the Heat
and all these other people are saying. The biggest problem with Miami Arena is the fact that the
area around it, where we went to the basketball game last night, has not been fully redeveloped.
And we can... You can throw good money behind bad money. The City is into this arena for
fifty, sixty million dollars. And as we continue to talk about doing redevelopment of downtown,
whether it be new courthouse buildings, as we are continuing to propose, or new cruise
terminals, or whatever, we would be as irresponsible as anybody else who's not going to deal
with the underlying causes of why these major capital investments don't work. And the reason
they don't work is that there's no jobs, there's no hope, there's no infrastructure support to create
these jobs in Overtown. Our vision, our vision is simply to dispel, first of all, the notion that this
is a City/County deal. Mr. Mayor, we don't want to be your partner. You can have the whole
deal. At the end of the term of the Redevelopment Authority, all of the improvements, not
ninety-eight percent, all of the improvements undertaken by this Redevelopment Authority will
come back to the City. The question is raised, well, why didn't the City - the County match the
dollars? The City has identified the dollars that they put in. The first chart will show that in the
Redevelopment Authority, the City has put in fifty-seven percent from the tax increment district,
the County has put in forty-three percent, two point nine million dollars. That comes from the
County Tax Collector's Office. That's the amount of money that the County has rolled into the
district. Although we were told, and the public has been told that the City has been doing it
alone, it's roughly a fifty-seven/forty-three split. The next issue that we've had to deal with all
day yesterday with your staff, and with The Herald, et cetera, is the fact that the City has put up
roughly forty-seven million dollars into the Southeast Redevelopment Authority, and the County
has done nothing. Well, we went ahead and we researched it. We... Quite frankly, I don't think
this gets us anywhere, because we don't want to be your partner. You can have it all at the end
of the lease, at the end of the Redevelopment Authority. The County has put in one hundred and
forty-nine million dollars to your forty-seven million dollars in this area, including the spread
sheets that show the City's money and where it went, and the Federal money and where it went.
It's largely gone, quite frankly, in Federal grants, in transit grants, in transit activities, and I'm
very proud to say to you that we're planning, as a part of the Hemispheric Summit, the opening
of the Overtown 9th Street Mall, in which the Prime Minister of the Bahamas will be invited to
participate and be a part of the Summit in the African -American community. I'm not sure that
figuring out who's put up what is really, quite frankly, anything other than just posturing for
what the real issue is. The real issue is the City - the County - has no desire to revert any of our
money back, either as a loan, or as a reversionary interest to the County at the end of the term of
the redevelopment. We're saying that it's all yours, one hundred percent. We simply want to be
a good neighbor. We want to deal with promises that have been made and not kept, and we
really want to deal with improving the quality of life for the people who come to visit our
County, and people who have to deal with the existing slum and blight in downtown Miami,
what is commonly known as Overtown. And so, Mr. Mayor, in conclusion, all we're simply
asking is the following. We're simply asking that the City, this Commission sitting as the
Commission, and this Commission sitting as the Board of Directors of the Redevelopment
Authority, enter into an interlocal agreement with the County. There are three parties here, still
three parties. There are three business entities here, and that's the thing that's, quite frankly, is
very clear when you check the record. The board hadn't met in a long time, Commissioner. The
board of the Redevelopment Authority hadn't met in an awfully long time. And we're asking
that the board meet, the board meet and agree with the City Commission Board, and enter into a
interlocal agreement in which the City would pledge to match the County's ten million dollars;
our ten million in one year, your ten million over ten years; our two and a half million dollars of
in -kind to your two and a half million dollars of in -kind; and that you appoint three members of
an independent board, that the County appoint three members of an independent board; which
we have said we will give one of our appointments to the School Board, because we believe it's
important that the School Board be a partner with us as we go forward; and that the Governor
166 October 27, 1994
make the seventh appointment. Mr. Mayor, members of the Commission, the time is now to
keep Overtown alive. Thank you very much.
Mayor Clark: Thank you, Commissioner.
(APPLAUSE)
Mayor Clark: All right. We will...
Vice Mayor Dawkins: Are we going to close the public hearing? I don't know...
Mayor Clark: Yeah. That's all. You're finished. This discussion is already finished. OK?
Vice Mayor Dawkins: OK.
Mayor Clark: Mr. Dawkins, you're recognized.
Vice Mayor Dawkins: Mr. Mayor, first, 1'd like to thank Mayor Maynard Jackson for coming
down to offer us that expertise which he used to bring about a renaissance in Atlanta, and that's
what we need here, so we'll be leaning on you at all times. The next thing I'd like to and I must
make clear is Arthur Teele, Miller Dawkins, and Daryl Jones are not fighting among ourselves.
(APPLAUSE)
Vice Mayor Dawkins: But Arthur Teele, Daryl Jones, and Miller Dawkins have one central idea.
And that is twenty years from today when we sit here, what can we look back and see we did?
Southeast Overtown Park Redevelopment Authority, factual, fictitious, or symbolic? I have
reviewed concept papers, organizational designs and plans of operation. Get this. Nothing that I
have reviewed has explained to me what the two-year goals and objectives are, what the five-
year goals and objectives are, and what the benchmarks are to determine how we get there. In
1991, the City Commission and the City Administration declared that the slum and blight found
in the area of Overtown/Park West would be redeveloped as per the Community Redevelopment
Act of 1969. Development east of the Metrorail tracks to Biscayne Boulevard would be
designated Park West, east of Metrorail would be designated Southeast Overtown, and that
development be distributed equally on both sides of the Metro tracks. The determination to
redevelop these areas has been very limited, as told to you by Chairman Teele. Look at the area,
as Chairman Teele and Mr. Jackson did last night, and you will see that very little has been done.
The bureaucracy of State and local governments, plus the failure to relocate Camillus House has
not permitted much to be done. Hence, the need. There is a great need for a separate body.
Now, you've heard everybody get up here and say "independent." I want you to remember,
that's the key word. A separate, independent body is needed, without political interference of
governmental obstacles that will prevent investors which... Chairman Teele has told you over
and over, we need the developers to come in, to assist us with this. And the developers cannot
get around the bureaucracy. If you think I'm lying, look at South Beach. South Beach
redeveloped. Why? It did not have the bureaucracy that we have to go through. Let us discuss
equity. The Mayor... The Chairman has just said that's not necessary. He said, why should we
go into what has been done? So I'll just discard this, and say to you that he's right. What has
been done has been done. What are we going to do tomorrow? Dade County Resolution
Number 1125-94, which all of you have urged me and these Commissioners to pass, says to us
Commissioners, give me all the land that you have assembled. We will put no cash funds in, nor
take any bond indebtedness, and we will give you another list of symbols that will contribute to
the overall - that will not contribute to the overall economic redevelopment of the area. What
are the symbols that gave false hope to the residents of the area over the years? As stated by
Mrs. Range, urban renewal, a false symbol; I-95, false symbol; Metrorail, which goes over us,
167 October 27, 1994
false symbol. Mrs. Range can tell you, when they did I-95, we lived in Overtown. The Federal
Government did not put an entrance and an exit at 20th Street. That was the heart of our
community, but it was a symbol. You all can go to Fort Lauderdale, or wherever you want, but
there was nothing for us. Resolution Number 1125 does not make any real contributions to the
redevelopment of the area. In my opinion, it creates a self-serving body to be given directions
by the board. The board referred to is nothing more than the County Commission. Let me read
to you that which my friend provided me with, which you tell me that I should pass, which I
could not vote for, under no circumstances, OK? Whereby resolution, this board" - the County
Commission - "whereas this board desires to enhance the programs and opportunities for
redevelopment in the area, and to strengthen and broaden the economic base of that area" - the
County Commission - "Whereas this board" - the County Commission - "finds that in order to
carry out the community redevelopment purposes of the Community Redevelopment Act of
1999, that there's a need for community redevelopment agency in the area" - it did not say
"independent" - "Section 1. This board finds and determines that sufficient slum and blight
continues to exist; Section 2. This board" - the County Commission - "finds and determines that
the rehabilitation, conservation and redevelopment of the area is necessary in the interest of the
public health and safety; Section 3" - the County Commission - "This board finds that in order to
accomplish the goals of the plan and carry out the Community Development Act, there is a need
for a" - now, this is the first time that this document mentions "Redevelopment Authority." It
says, Section 3, Page 3, "This board finds that in order to accomplish the goals of the plan and
carry out the community redevelopment purposes of the Community Redevelopment Act of
1969 ('The Act'), there is a need for a Community Redevelopment Agency." That's the first
time it was mentioned. All before, now, it was the County Board. "This board" - the County
Commission - "hereby authorizes and creates a public body corporation to be known as the
Overtown Revitalization Authority ('The Authority'), which is hereby constituted," and et
cetera. And it goes on, but let me get over and tell you Section 8. "This board shall designate" -
now, not the Authority. See, you got to, you got to read this - "This board shall designate a
chairperson and vice chairman from amongst the members." The County Commission will
choose who the chairman will be and who the vice chairman will be. But yet and still, it's an
independent body. Then it goes on and says, and you please read, "The Authority shall use the
services of the County Attorney's Office for such legal services that is required." Now, how can
the County demand that I use its legal services? No, no, they can't do that, not if it's going to be
an independent board. Then it goes on to say, Section 9, "This board may appropriate through
the regular budgetary process to the Authority." It's going back to the County Commission, that
which needs to be done. Section 9, "This board shall remove" - not the Commission, not the
Authority - "This board shall remove members for inefficiency," and et cetera. Section 12, "The
Authority shall have all the community redevelopment powers necessary or convenient to carry
out and effectuate the purposes and provisions of the act except the following." Then it goes on
and tells you what the County Commission will not allow this independent board to do. All
right? Section 13, and it goes on. But the part... Now, it just told me that I must use the County
Attorney. OK. "The interlocal agreement shall also require that the City and the County shall
each agree to pay the Authority a sum of not less than twelve point five million dollars over ten
years, which sum may include the value of in -kind services." So if I've got to use the County
Attorney, he may just tell me that his services is two point five million dollars. How can I argue
with it? It says, in this document, which you have asked me to pass, that that must be done.
Ladies and gentlemen, and my fellow Commissioners, I agree in principle, I will fight with Art
Teele, and fight anybody we have to fight- -no, no, no, not amongst ourselves, sir, no, no, no -
and fight anybody we have to go to establish an independent Revitalization Authority that's not
controlled by the City Commission, that is not controlled by the County Commission, and as the
Chairman has suggested, each of us will appoint whatever we're going to appoint to that board,
and that board has complete free authority to develop Overtown, with the ability and the money
to bring in consultants, like Maynard Jackson and those who have seen this done to help us do it.
But I cannot, my fellow Commissioners, in any way ask you to vote with me to approve this
instrument that was sent over to me by the County. And please remember, Chairman Teele has
168 October 27, 1994
one vote. OK? Now, if Chairman Teele - and now, I'm taking this upon myself - if Chairman
Teele doesn't bring this to you, we've got nothing to bring you. I want you all to understand
that. So he has to bring you something with which to start to work with. He could have said to
them, "I'm not going to take this over here because I don't agree with it." With one vote, what
happens out of the other twelve? So the Chairman has brought us an instrument which we need
to take and develop that which we need. So I am... I recommend, I mean, me for one, am
willing to work to establish an independent Redevelopment Authority that is independent of the
City and the County, because as you said, Mr. Chairman, I've been here since 1981, and we have
yet to come through on any promises, and to build anything Overtown of substance. There is no
jobs, there is no businesses, and there is no nothing. And the only way we can do it, sir, is to
take this as an instrument, as a guideline, and do it.
Commissioner Teele: Mr. Mayor, may I?
Mayor Clark: Yes, sir.
Commissioner Teele: Mr. Mayor, I think this can be very brief. On behalf of the County, as
chairman of the board, we will agree to all of the recommendations that Commissioner Dawkins
has stated. If that...
Vice Mayor Dawkins: The only one I state... Wait a minute, now. The only one I...
Commissioner Teele: All of the...
Vice Mayor Dawkins: No, wait now, wait, Mr. Teele. Let's get together. The only one I'm
stating is that there is an independent board.
Commissioner Teele: Commissioner.
Vice Mayor Dawkins: Independent board. That's all I'm stating, sir.
Commissioner Teele: Commissioner, I heard what you said. You read into the record certain
changes that you wanted.
Vice Mayor Dawkins: No, no. I didn't... No, no, I did not ask for any changes.
Commissioner Teele: Certain concerns that you had.
Vice Mayor Dawkins: OK. That is better.
Commissioner Teele: We will accede to all of the change - concerns - all of the concerns that
Commissioner Dawkins has. Now, let me just put this on the record. I don't want to be
personal, because I understand that I'm a lawyer, but I also understand that you have legal staff.
Whoever advised you on that interpretation is either incompetent, misinformed, or malicious.
Vice Mayor Dawkins: Hold it right there.
Commissioner Teele: No, I'm not going to hold it. I still...
Vice Mayor Dawkins: No, you have to hold it...
Commissioner Teele: No, sir.
Vice Mayor Dawkins: ... because you're lying on my staff. Nobody interpreted this for me. I
interpreted this for myself.
169 October 27, 1994
Mayor Clark: Wait, wait a minute. I'm going to cancel this whole thing...
Vice Mayor Dawkins: Come on, Mr. Mayor, don't let him lie on my... Don't let him lie on the
City Attorney.
Commissioner Teele: Mr. Mayor, Mr. Mayor, if I may regain... Mr. Mayor, I... If I may read
this into the record, because Commissioner has totally misread it into the record. We all have
the same document. Let's read it.
Vice Mayor Dawkins: Read it.
Commissioner Teele: This board shall designate from... This board... Section 8.
Unidentified Speaker: That's the wrong one.
Commissioner Teele: Now, I... Mr. Attorney, Mr. Mayor, you got a problem with your Legal
Department. I'm going to read this for you. I'm not going to be your lawyer, but I'm going to
read it, and let everybody who doesn't have a law degree hear what this says. "This board,"
meaning the independent board...
Vice Mayor Dawkins: No. It says the County Commission.
Commissioner Teele: Hold on now, Miller, let me... I didn't interrupt you, sir. "This board
shall designate a chairperson, and vice chairperson from among the members." Now, our
interpretation...
Mayor Clark: It could be construed the other way, yes.
Commissioner Teele: It could very well be.
Mayor Clark: That's the reason.
Commissioner Teele: It could very well be. But all of the technical documents, and all of the
support documents, collateral documents - there are five versions - have said that the board will
name its own chairperson, its own vice chairperson, et cetera. Now, that's just on the record.
Hold on, hold on. Let me... Secondly, as it relates to the legal areas, which clearly, I would say
this, whether it's this City Attorney, our County Attorney, it really doesn't matter. It probably
should be independent counsel, if that's the kind of legal advice that you all are getting. But let's
just go on to this matter.
Ms. Linda Kearson (Assistant City Attorney): I'm sorry, Mr. Teele. I'm sorry, Mr. Teele. I
can't allow you to proceed in this vein. I submit to you that in reading the resolution, it is quite
clear that "the board" refers to the Board of County Commissioners. It is very clear.
Vice Mayor Dawkins: Thank you, Madam City Attorney. Thank you, Madam City Attorney.
Ms. Kearson: Excuse me. The Authority is designated, as is the board.
Commissioner Teele: Madam Attorney, let me help you with your understanding...
Ms. Kearson: No, no, no, you don't have to help me, sir. I am quite capable...
Mayor Clark: Please, please.
170 October 27, 1994
Ms. Kearson: I am quite capable of reading and interpreting the resolution. Thank you very
much.
Commissioner Teele: Mr. Mayor, Mr. Mayor, if I may.
Mayor Clark: Just a moment.
Commissioner Teele: Mr. Mayor, if I may.
Mayor Clark: Please, everybody stop. Everybody stop. Willy.
Unidentified Speaker: Thank you, Mayor.
Commissioner Gort: Mr. Mayor, for the sake of argument, I have never seen two attorneys
agree, especially when... Mr. Teele, let me say this.
Commissioner Teele: But it's even more pervasive than that.
Commissioner Gort: 1 think we all want the same thing.
Commissioner Teele: It's more pervasive than that. All of this, this language that
Commissioner Dawkins has read into the record under Section 12, which says what the
Authority shall do, except it's from the State law. What you don't realize, or the lawyer or
somebody doesn't realize is that this Board of Directors of the Redevelopment Authority, this
current board, i.e., the City Commission, requests these things routinely of the County. That's
by State law. That's not something we created. Just the other day, you all asked us to condemn
a piece of property, for the Authority to condemn a piece of property. Who was it? The Tom
Post property, or the Sorenson property. It's routine. That is by State law. This isn't something
that has been created. Or just a cursory reading of the law, and it even cites the State Statute, as
provided for... And that little "S" means Florida Statute 163.385.
Mayor Clark: Arthur.
Commissioner Teele: We're not going to... We're not creating something that doesn't already
exist in the State law.
Mayor Clark: I believe we can straighten this all out, but it's not going to be done here this
afternoon.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: It's going to be done very shortly, insofar as words are concerned. Yes, sir.
Commissioner Plummer: Mr. Mayor... Mr. Teele...
Unidentified Speaker: Chairman Teele.
Commissioner Plummer: Excuse me. Chairman Teele.
Commissioner Teele: Art Teele.
Commissioner Plummer: I won't refer to him as I do as my friend. Arthur, am I not correct in
stating that for this to become effective, it will require an interlocal agreement?
171 October 27, 1994
Commissioner Teele: Yes, sir.
Commissioner Plummer: Any and all problems that any one of my colleagues have would have
to be satisfied in that interlocal agreement, which would come back to this Commission for
approval, and to your Commission for approval.
Commissioner Teele: Yes, sir.
Commissioner Plummer: And if those matters are not straightened out and rectified...
Mayor Clark: There's no interlocal agreement.
Commissioner Plummer: ... between now and that period of time, then you have no deal. Now,
Commissioner Dawkins has been very, very clear. I have some concerns that I have not put on
the table, but I will put on the table, and I think must be addressed before the interlocal
agreement. For example, all the documents previous to today that I have seen were for a term of
thirty years. I don't know where that number came from. But then, all of a sudden, it went to
forty-five years. I'm entitled to know why. I don't think that Bicentennial Park and the FEC
(Florida East Coast) should be a part of this scenario. That's my opinion. I'm entitled to it. We
can argue about it, we can discuss it, we can enter into any kind of a thing, a swap -off or a
negotiation. But the bottom line that I see here today, the important factor, is trying to come up
with an interlocal agreement that is acceptable to this Commission, to yours, and then let's go
forward from there.
Commissioner Teele: Commissioner Plummer, we couldn't agree with you more. The problem,
however, is the time. We have to have a time line. We, in the County, are really operating with
trying to get things done in a timely manner. And if there is no time line, it will go on ad
infinitum.
Mayor Clark: Promise you not. It won't happen.
Commissioner Plummer: Well, excuse me. You have on yours - I don't know where that came
from - a hundred and eighty days time limit. That was your...
Commissioner Teele: That was... That was four months ago.
Commissioner Plummer: I understand that, sir. OK? But here we are for the first time.
Commissioner Teele: That's how long it's been here waiting to get to this hearing.
Commissioner Plummer: I would ask my Administration, and I'm sure that you can speak for
yours, is to how long that they feel would be reasonable to hav<,- something prepared to come
back before this Commission. Could they do it before the 1st o ° December? I don't know. I
would assume it depends on how much manpower is put to this issue, and if they could come
back before the 1st of December - by the 1st of December - I would incorporate that in a motion.
And I agree with you, sir, a time certain, whether it is the 1st of December or the first meeting in
January, but a time certain.
Commissioner De Yurre: Mr. Mayor, if I may. Talking about time, you know that I've been
involved in the port expansion issue. For six months that we approved the preagreement, we
have been working towards getting into the interlocal issue. And the County has been totally
uncooperative in working in this matter. So as far as timeliness, there hasn't been any coming
from the County. We have been working, and calling, and trying to get meetings together, and
172 October 27, 1994
your department of... The Port Authority has been lackadaisical, whether it's because of the
issue going on the ballot or not, but we have been ready to meet. So if we're going to put
timeliness in place, then make sure that both parties cooperate in this manner. And, yes, we do
need a time certain, because if not, it drags, and it keeps dragging. This is something, Mr.
Mayor, that needs to be done, this is something that should be done, and this is something that
we need to work together on, and it's not, you know... And if I may mention something, Mr.
Mayor, it's not a color issue. It's a people issue, it's a City of Miami issue. And I would like to
get Art, if you could look at me for a second, I would...
Commissioner Teele: Commissioner, I really... Commissioner, you know I've said publicly,
and I've told your Manager, I made a commitment to J.L. Plummer in his office six months ago,
that there would be no linkage with this issue, with the port, and it's the same thing we're going
back to with East Little Havana. Everybody wants to link. Look, I'm going to tell you, I
basically have made the decisions on who's going to take over the port negotiations. I
announced those decisions today. I hope you'll be satisfied. But I'm not going to link, I'm not
going to link, I've made a commitment, because if you link it on one issue, you're going to link
it up on the whole thing. And if you...
Commissioner De Yurre: And if there's no linkage, I'm glad there is no linkage.
Commissioner Teele: Well, there is no linkage.
Commissioner De Yurre: Because one has nothing to do with the other, except that we, as a
people, if we're all citizens of Miami, and somebody mentioned here that the weakest link...
Commissioner Teele: Commissioner, I will be very honest with you. As far as I'm concerned,
at this point, until the Port Director comes before my committee and gives me some information,
that issue is dead.
Commissioner De Yurre: OK. Well, then you need to get your act together on your side.
Commissioner Teele: Well, it's dead, as far as I'm concerned. The Port Director asked us to
take it off the bond, the bond issue off the ballot. We deferred it off the ballot, based upon a
motion by Commissioner Ferre. That issue is dead until the Port Director can get their act
together and figure out how they're going to do it. The fact of the matter is, is that they couldn't
line up any support for it. I'm not comfortable getting into it. I'll be happy to appear before
you. If you say that you've gotten no response from the City, I will pledge to come back to you
at any time that you direct. I'll be here and report to with the Port Director, but I don't think, if
I'm going to maintain my commitment with Commissioner Plummer and Cesar Odio, that we
should link these issues, just like I don't think we ought to link East Little Havana.
Commissioner De Yurre: No, but see, you're thinking. You're not listening. You're thinking.
Commissioner Teele: OK.
Commissioner De Yurre: While you're standing there, you're thinking about the next thing
you're going to say. You're not listening to what I'm saying. I have talked about the issue of
timeliness. You addressed timeliness, that we should move on it. And I am saying that the
timeliness that the County has shown me with this issue...
Commissioner Teele: Commissioner, it is dead. D-E-A-D, dead.
Commissioner De Yurre: Well, then...
173 October 27, 1994
Commissioner Teele: It's finished.
Commissioner De Yurre: OK.
Commissioner Teele: That's as far a I'm concerned.
Commissioner De Yurre: OK.
Mayor Clark: All right. Now, please, that...
Commissioner Teele: So it's not need to come back. It's dead.
Mayor Clark: Please, that's enough. That is enough right now. Mr. Plummer, you have a
motion on the floor.
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: Mr. Mayor, I would ask, and I would... This might not be popular
with my good friend, Arthur. Who is going to do the negotiations of the interlocal agreement?
Commissioner Teele: The City... The County Manager has designated Dr. David Morris on
behalf of the County. The County Attorney has designated... Who? I think it's Mr. Henry
Gilmore, working under Murray Greenberg...
Commissioner Plummer: All right. I asked it in the wrong vein, because the answers you're
giving back is not the answer I was looking for. How will each individual Commissioner - I'll
use from the City - such as Commissioner Dawkins, and all of us, how will we get to get into
those that are sitting down to negotiate our thoughts, our ideas, so that when it comes back,
we're not negative? Now, that's what I'm asking.
Mr. Herb Bailey: You can call a CRA (Community Redevelopment Agency) board meeting as a
Commission, separate from a City Commission meeting. However, it is subject to Sunshine.
Commissioner Plummer: In other words, what you're saying is, is that we would call such a
meeting...
Mr. Bailey: Such a meeting.
Commissioner Plummer:... in public.
Mr. Bailey: In public.
Commissioner Plummer: Rather than individually making our thoughts known, or we can do
both?
Mr. Bailey: Well, if you want to do it individually with the Manager, I think that is appropriate.
However, you know, that information can be transferred to those who are doing the negotiations.
Mr. Cesar Odio (City Manager): We can negotiate to a point and brief you, and if you don't
agree, we come back, but...
Commissioner Plummer: You see, that's what I'm really trying to avoid, Mr....
Mr. Odio: Because what you're trying to do is get involved... If you would... If we get all...
everybody involved in the negotiations, it won't happen.
174 October 27, 1994
Mayor Clark: All right.
Commissioner Plummer: Mr. Manager, I'm trying to avoid a problem.
Mr. Odio: Me, too.
Commissioner Plummer: If you go - and you and I have a good relationship - if you go and you
make thoughts and ideas that you think maybe is not what I think. And the problem of... One of
the problems we have around here is that your thoughts are put out, and then we're expected to
rubber stamp them.
Mr. Odio: Yeah. There can only be one City Manager. You are right.
Commissioner Plummer: No, sir, I'm not talking about the City Manager.
Mr. Odio: It's what... What I'm talking about is that...
Commissioner Plummer: What you proffer to me, you don't vote on, I do.
Mr. Odio: ... that you can set the policy, you can give me guidelines of where you want to go...
Commissioner Gort: Mr. Mayor.
Mayor Clark: Let's not wash linen here. Mr. Gort, you have the floor.
Commissioner Gort: Mr. Mayor, my understanding from everyone that I hear here, we all want
to do it, and the things that I do when I go to make a presentation, I ask people, "Do you want to
do it? If you want to do it, let's go, and we'll find a thousand ways how to do it." I think we
have some base documents that we have. The County has drafted some documents. We have
some responses. So I think we have something that already has been written that we can go
ahead and continue to negotiate from that. My understanding is, two of our Commissioners have
brought up several points that they're worried about. I think we should state today what our
problem is so they can... both parties that are going to be negotiating can understand what the
problem is, what we're looking for, and contemplate this when you sit down, creating your
negotiation, and then let's go on from there.
Commissioner De Yurre: Who's going to represent us on this issue?
Commissioner Plummer: Excuse me. That's...
Commissioner Gort: We can select here who we want to represent us.
Commissioner Plummer: No. It's not who's going to represent... My problem is, is not coming
back here, Arthur. The Manager has asked for the first meeting in January as a time certain.
OK? And we'll allow that. My question is, I don't want to come back here on January and say,
no, we don't have the answers, no, we're not in accord. That's why I think each and every
Commissioner... I would assume the County Commissioners are each going to have their right
of input as to what they think should be in it.
Commissioner Teele: Absolutely.
Commissioner Plummer: And likewise, this Commission should; not coming back here with a
document five days before, with what the Manager thinks, and then we don't agree with our
Manager, and we look like fools. That's what I'm trying to avoid.
175 October 27, 1994
Mayor Clark: Frame a motion, and if you can pass it, then let these people go home.
Commissioner Plummer: I would, at this particular time... I don't want to placate the Manager
or Mr. Bailey from speaking, if they feel they want to.
Mr. Bailey: No.
Commissioner Plummer: I would make a motion at this particular time that this matter, on
behalf of the City...
Commissioner Teele: Before you do, Commissioner Plummer, the authority that we have
expires on January 12th. That's the point that I've been... That's the hundred and eighty days.
Commissioner Plummer: Our first meeting, our first meeting is the second Thursday of the
month. I don't know what date that is. Could we have a special meeting, if it's necessary?
Commissioner Gort: We can have a special meeting for this.
Commissioner Plummer: I would make a motion at this time that in behalf of the City...
Mayor Clark: For that date, for that date.
Commissioner Plummer: ... we send to the City Manager, with the cooperation and input of the
City Commission to come about our half of the interlocal agreement, which will be proffered on
the first meeting in January, to bring about a totally, totally independent Authority to redevelop
Overtown. I so move.
Commissioner Gort: Second.
Mayor Clark: We got a second. All right. Any further discussion?
Commissioner De Yurre: Now, Mr. Mayor, the first meeting, I think, if I'm looking at the
numbers, should be the exact 12th day of January.
Mayor Clark: Well...
Commissioner De Yurre: So I don't know, as far as the time frame, where we're at, whether
they can delay it, or we may want to move up a week our meeting, or what the story is.
Vice Mayor Dawkins: I agree with Commissioner Gort. This is an important issue, and
whenever it is ready, Mr. Mayor, I think you should call a special meeting, and we act on it.
Mayor Clark: And we will, but no later, no later than the 6th of January.
Vice Mayor Dawkins: Yes, sir. No later than the 6th.
Mayor Clark: No later. Before that, more than likely.
Commissioner Teele: OK.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: I accept.
176 October 27, 1994
Mr. Bailey: Mr. Mayor.
Mayor Clark: Yes.
Mr. Bailey: Before you call the roll, I'd like to have a point of clarification. We have the
resolution that was passed by the County Commission, which we were addressing here today,
and we all know there was another resolution that has been submitted that has not been
discussed. I would like to know which one do we address?
Vice Mayor Dawkins: Both of them.
Mr. Bailey: Both of them, OK.
Commissioner Plummer: All of them.
Mr. Odio: Well, if I may, I'd like a... If I may. What I'd like to go is back to negotiate an
interlocal agreement to...
Vice Mayor Dawkins: Not without input from us. I strongly... I vote no.
Mr. Odio: I... I...
Vice Mayor Dawkins: I vote no.
Mr. Odio: I'm not... You can vote.
Vice Mayor Dawkins: I voting no, Mr. Manager.
Mr. Odio: Go ahead and vote. I'm... Let me finish.
Commissioner De Yurre: Are you making a motion, Mr. Manager?
Mr. Odio: No, that's what I mean.
Commissioner De Yurre: Oh, OK.
Mayor Clark: Please, now.
Mr. Odio: What I'm going to say is that I feel, Commissioner, Chairman Teele, that the
resolution should be put aside; that we start anew, develop an interlocal agreement. We prepared
a predevelopment agreement in one week with the port. We can certainly develop an interlocal
agreement...
Mayor Clark: You've got a lot of guidelines here.
Mr. Odio: ... that will incorporate what the Commission wants, and what you want, which is one
independent Redevelopment Authority for Overtown.
Commissioner Teele: With sufficient funds...
Mr. Odio: With the funds that you have• mentioned.
Commissioner Teele:... of at least ten million dollars of both the City and the County...
177 October 27, 1994
Pi
Mr. Odio: That's part... That will... Exactly, that will be part of the interlocal.
Vice Mayor Dawkins: Are you saying a minimum, Mr. Chairman?
Commissioner Teele: A minimum.
Vice Mayor Dawkins: OK.
Mr. Odio: That's fine. That's fine.
Mayor Clark: All right.
Mr. Odio: But everything should be spelled out anew in the interlocal, and set aside the
resolution.
Mayor Clark: This resolution that Mr. Teele has presented is only a suggestion, anyway. It's not
binding.
Mr. Odio: And it's... I think we can clean it up with the interlocal and...
Mayor Clark: I think he agrees with that, too.
Mr. Odio: ... and there have been many positions taken since...
Mayor Clark: All right. With those...
Commissioner Plummer: Can L. Mr. Mayor, let me ask a question of the City Manager. Mr.
Manager, my concern, expressed now by Arthur Teele, is, in fact, that their Development
Authority expires on the 12th of January. Is it possible... I'm sorry? Is that a true statement?
Commissioner Teele: The Development Authority is your Authority, and basically, what we've
done is, we've committed the money through the 12th of January. We can extend that if it's... if
it's going to be meaningful.
Commissioner Plummer: All right. My point, Arthur, is this. Mr. Manager, can we have from
you at least five days in advance the proposed document, and the County get a copy of that, and
we get a copy of the County's?
Mr. Odio: No, I think we should meet...
Commissioner Plummer: To see if there's anything that needs to be ironed over, so that maybe,
just maybe on the bth of January, we can come with a final amen.
Mr. Odio: All right. We'll... OK.
Commissioner Plummer: All right?
Mr. Odio: And...
Commissioner Plummer: Now, that, Arthur, that... On your side, you have to provide us with a
copy of your document five days in advance, and we'll provide you with one.
Mr. Odio: I will...
178 October 27, 1994
Commissioner Plummer: And if any rough spots are there, hopefully, we can iron them over.
Mr. Odin: I was hoping that we could get together and negotiate a document. I will bring a draft
to you every time we negotiate the document so you can have an input into it. You...
Commissioner Teele: Mr. Mayor, Mr. Commissioners, with all due respect, I think the Manager
is eminently correct. We need to be negotiating, based upon the position; not just the document,
but the interlocal agreement. Otherwise, we're going to be back. Once we do that, we've got to
negotiate an interlocal agreement, and the interlocal agreement, obviously, will follow the
document.
Commissioner Plummer: That's fine.
Commissioner Teele: But there's no reason to separate these two issues. Let's get the document
and the interlocal agreement, and try to let the staffs work it out.
Mr. Odio: Mr. Mayor... Will you agree, Mr. Chairman, then, to set aside the resolutions, and
develop an interlocal agreement?
Mayor Clark: That's the best way to go.
Commissioner Teele: If that's comfortable with you, we certainly can live with that.
Mr. Odio: Yes, it would be comfortable to us.
Mayor Clark: You're going to wind up with that, anyway. That's the end result.
Commissioner Teele: We're going to wind up with that, anyway. That's the end product.
Mr. Odio: OK.
Vice Mayor Dawkins: But, Mr. Chairman, we're saying that the interlocal agreement will create
an independent body. Is that what you and I are saying?
Commissioner Teele: A totally independent body...
Commissioner Plummer: That was my motion.
Commissioner Teele: ... that will administer the Tax Increment District and the Redevelopment
Authority...
Mr. Bailey: That's not correct.
Commissioner Teele: ... that would get twenty million dollars to operate.
Mr. Bailey: That's not correct. No. It will authorize us to organ... do the work.
Mayor Clark: Now it's all clear? Madam Clerk, please call the roll.
Commissioner De Yurre: Mr. Mayor, I would add also that Commissioner Dawkins continue to
represent the Commission in negotiating this situation.
Mr. Odio: Fine.
179 October 27, 1994
Mayor Clark: Nothing wrong with that.
Mr. Odio: That's the best way, to have a representative which...
Mayor Clark: Get the roll call.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-778
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER, WITH THE
COOPERATION AND INPUT FROM THE CITY COMMISSION, TO DRAFT AND
NEGOTIATE A PROPOSED INTERLOCAL AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI AND METRO-DADE COUNTY IN ORDER TO CREATE A
TOTALLY INDEPENDENT AGENCY TO BE KNOWN AS THE: "SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AUTHORITY," WHICH AGENCY
SHALL BE FULLY RESPONSIBLE FOR THE REDEVELOPMENT OF
OVERTOWN, AS MORE FULLY DISCUSSED BEFORE THE CITY OF MIAMI
COMMISSION ON THIS DATE; FURTHER DESIGNATING VICE MAYOR
MILLER DAWKINS AS THE CITY OF MIAMI COMMISSION REPRESENTATIVE
IN CONNECTION WITH SAID ISSUE; FURTHER INSTRUCTING THE CITY
MANAGER TO HAVE A COPY OF THE CITY'S AND COUNTY'S PROPOSED
DRAFT OF THE INTERLOCAL AGREEMENT AVAILABLE FOR REVIEW AND
EXCHANGED BETWEEN SAID BOTH PARTIES NO LATER THAN FIVE DAYS
PRIOR TO THE FIRST CITY COMMISSION MEETING IN JANUARY
(PRESENTLY SCHEDULED FOR JANUARY 12, 1995), AT WHICH TIME THIS
ISSUE WILL BE FULLY RECONSIDERED AGAIN BY THE CITY COMMISSION.
Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you all for being here.
Commissioner Teele: Thank you very much, Mr. Mayor.
(APPLAUSE)
Mayor Clark: We have just begun to start our meeting now.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 6:02 P.M. AND RECONVENED AT 6:13 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
180 October 27, 1994
M
--------------- ------------------------------------------------------------------------------------------------
55. (A) (Continued) RECONSIDER AGENDA 43 AND RESCIND PRIOR
MOTION 94-768 WHICH SELECTED THE FIRM OF BERMELLO
AJAMIL & PARTNERS, INC. AS MOST QUALIFIED TEAM TO
PROVIDE PROFESSIONAL SERVICES IN CONNECTION WITH
PREPARATION OF THE COCONUT GROVE PLANNING STUDY.
(B) (Continued discussion) RECONSIDER AND CONTINUE (TO
NOVEMBER COMMISSION MEETING) CONSIDERATION OF
PROPOSED RESOLUTION TO APPROVE SELECTION
COMMITTEE'S FINDINGS AS TO MOST QUALIFIED TEAM TO
PROVIDE PROFESSIONAL SERVICES IN CONNECTION WITH
PREPARATION OF THE COCONUT GROVE PLANNING STUDY.
(See labels 38 & 57)
Mayor Clark: Ladies and gentlemen, if there are no seats, please don't block the aisles, because
the Fire Department will put us all in jail. If you have to sit outside, that's no problem. We're
trying to move as fast as possible. Now, we have to have a motion to reconsider item 43. Is
there a motion?
Commissioner Gort: Yes, sir, I do.
Mayor Clark: Motion and second.
Commissioner Gort: Because I got no choice.
Commissioner Plummer: I do second it.
Mayor Clark: Cast a unanimous ballot. Now, on item 43, what's the new motion?
A. Quinn Jones, III, Esq. (City Attorney): A motion to rescind the action that you took this
morning.
Mayor Clark: We just rescinded it. We just rescinded it.
Mr. Jones: And you said you wanted to bring it back in...
Commissioner Gort: Well, we got to move, move to rescind.
Mayor Clark: It's been rescinded.
Commissioner Plummer: Second. Well, wait a minute. When you move to rescind... That's
fine. OK, I second that.
Mayor Clark: Yes. Now, cast a unanimous ballot of those present.
181 October 27, 1994
bi
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.94-779
A MOTION TO RESCIND PRIOR ACTION BY THE CITY COMMISSION
(MOTION 94-768) WHICH SELECTED THE TEAM OF BERMELLO, AJAMIL AND
PARTNERS AS THE MOST QUALIFIED TEAM TO PROVIDE PROFESSIONAL
SERVICES IN CONNECTION WITH THE PREPARATION OF THE COCONUT
GROVE PLANNING STUDY.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Clark: Now, we have to get a motion to reschedule this.
Mr. Odio: For the selection in November.
Commissioner Plummer: On November the 17th?
Mr. Odio: Right.
Commissioner Plummer: OK.
Commissioner Gort: Mr. Manager, Mr. Manager, I would like the presentation to be made by
staff and the chair, whoever is representing the committee.
Mr. Odio: I will bring the chair...
Mr. Odio: Who ever represents the committee. Thank you.
Mr. Odio: I will bring the chair of the selection committee to make the presentation, and also the
staff.
Mayor Clark: All right.
Commissioner Plummer: That's fine.
Mayor Clark: That will be considered on the first... It's a motion?
Commissioner Plummer: I second it.
Commissioner Gort: It has been moved.
Mayor Clark: November the 17th. Those persons here on the selection... Please. Any...
182 October 27, 1994
Commissioner Gort: It's been moved and seconded, Mr. Mayor.
Mayor Clark: Cesar, put that in the record, will you?
Mr. Odio: Sir?
Mayor Clark: We're going to hear this on the 17th, right?
Mr. Odio: The 17th, the chairperson of the selection committee will make a presentation, and if
the choices that you have is select the recommended architectural firm, or then you would have...
You would have to throw them out and start all over again.
Mayor Clark: All right.
Commissioner Plummer: I would like, Mr. Mayor, in all interest of fairness, that each of the
applicants be given three minutes to make a presentation, also...
Mr. Odio: Fine, fine. Could we set it for a time certain?
Commissioner Plummer:... so that we can ask... we can ask questions.
Mr. Odio: Six p.m., a time certain?
Commissioner Gort: Yeah.
Mayor Clark: About six p.m. We'll be out. OK. Whatever. Yes.
Mr. Odio: It's only one meeting, so.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor.
Mayor Clark: It will be heard at six p.m. on November the 17th. Cast a unanimous ballot, then,
Madam Clerk, with no exception.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.94-780
A MOTION TO CONTINUE CONSIDERATION OF PROPOSED RESOLUTION TO
APPROVE SELECTION COMMITTEE'S RECOMMENDATION FOR SELECTION
OF THE MOST QUALIFIED TEAM TO PROVIDE PROFESSIONAL SERVICES IN
CONNECTION WITH THE PREPARATION OF THE COCONUT GROVE
PLANNING STUDY, RESCHEDULING SAID ITEM TO BE HEARD AS PART OF
THE NOVEMBER 17TH AGENDA, AT 6:00 P.M.; FURTHER REQUESTING THE
ADMINISTRATION TO ENSURE THAT THE CHAIRPERSON OF THE
AFOREMENTIONED SELECTION COMMITTEE AS WELL AS EACH
CHAIRPERSON OF THE TEAMS WHICH WERE RATED BY THE SELECTION
COMMITTEE BE PRESENT AND READY TO MAKE A PRESENTATION BEFORE
THE CITY COMMISSION AT THE ABOVE STATED MEETING.
183 October 27, 1994
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Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
56. (Continued discussion) AUTHORIZE CITY MANAGER TO EXECUTE
AGREEMENT WITH SMALL BUSINESS OPPORTUNITY CENTER, INC.,
FOR PURPOSE OF REHABILITATING NINE BUSINESSES IN
ACCORDANCE WITH THE COMMERCIAL FACADE TREATMENT
PROGRAM -- ALLOCATE $12,600 FROM COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) COMMERCIAL FACADE REVITALIZATION
PROGRAM FUNDS. [Note: This item had been discussed, but a motion was not
duly passed at that time -- see label 47.]
Commissioner Gort: Mr. Mayor, there's another item that my understanding was, there's no...
They're not aware that if we did take a vote on the motion, which was on the Little Havana, the
facade treatment for the... Did we take a vote on that, or you need a motion again?
Commissioner Plummer: On Little... What, on Little Havana?
A. Quinn Jones, III, Esq. (City Attorney): That was that pocket item he had.
Commissioner Gort: The pocket item.
Commissioner Plummer: Which pocket?
Commissioner Gort: It's the Chamber of Commerce, for doing the facade treatment and
Castaneda made the presentation that they need to... It could not be in the agenda, but they need
to expedite it in order to...
Mr. Jones: My notes show that you took a vote on it. I don't know. You voted on it.
Commissioner Gort: No.
Ms. Matty Hirai (City Clerk): No. It was one of these unanimous... It would be nice to make a
motion and just make it unanimous, Mr....
Commissioner Plummer: Well, make the motion.
Commissioner Gort: OK. So moved.
Commissioner Plummer: Second.
184 October 27, 1994
Mayor Clark: Cast a unanimous ballot, then, Madam Clerk, with no exception.
Ms. Hirai: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-781
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH SMALL BUSINESS OPPORTUNITY CENTER, INC., FOR THE PURPOSE OF
REHABILITATING NINE (9) BUSINESSES IN ACCORDANCE WITH THE
COMMERCIAL FACADE TREATMENT PROGRAM; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF TWELVE THOUSAND, SIX HUNDRED
DOLLARS ($12,600.00), FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS:
ABSENT:
None.
Commissioner Victor De Yurre
[Note: This item had been discussed and duly moved and seconded earlier this same
meeting (see label 47). At this time, the roll was called and the item was officially
adopted.]
Commissioner Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
57. (Continued discussion) CLARIFYING COMMENTS CONCERNING
PREVIOUSLY RESCINDED MOTION WHICH HAD SELECTED THE MOST
QUALIFIED TEAM TO PROVIDE PROFESSIONAL SERVICES IN
CONNECTION WITH PREPARATION OF THE COCONUT GROVE
PLANNING STUDY. (See labels 38 & 55) [Note: Item was continued to
November 17th meeting.]
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now, let me ask a question, Mr. Mayor. Mr. City Attorney, you now
advise that what we did in the Coconut Grove Planning Study was not in compliance with the
Charter. Do we have...
185 October 27, 1994
A. Quinn Jones, III, Esq. (City Attorney): The Code, the Code.
Commissioner Plummer: Code. Should we now rescind that so that there's not an illegal...
Mr. Jones: You did vote on it.
Mayor Clark: We did. We handled that.
Mr. Jones: You did vote to rescind it. You did that.
Commissioner Gort: That's what we did.
Commissioner Plummer: OK. All right.
Mayor Clark: Had a vote to hear it on the...
Commissioner Gort: That's what the motion was.
Commissioner Plummer: Rescind, rather than reconsider. OK. I'm sorry.
Mayor Clark: Yeah, that's right. We rescind it, and took a positive action to hear it on the 17th.
Commissioner Plummer: All right.
----------------------------------------------------------------------------------------------------------------
58. APPROVE CITY MANAGER'S RECOMMENDATION FOR (a) A
COMPREHENSIVE RESTORATION OF DINNER KEY AREA; (b)
RENOVATION OF THE VIRRICK GYM SITE; (c) ADAPTIVE REUSE OF
THE DINNER KEY BOAT YARD / MERRILL STEVENS PROPERTY
UNDER A UNIFIED DEVELOPMENT PROCESS (UDP) FOR STIPULATED
USES IN MANAGER'S RECOMMENDATION -- AUTHORIZE MANAGER
TO COMMENCE IMPLEMENTATION OF RESTORATION PROGRAM --
PROVIDE FOR APPOINTMENT OF A CITIZENS' ADVISORY COMMITTEE
COMPOSED OF INDIVIDUALS FROM THE COCONUT GROVE
COMMUNITY TO PARTICIPATE IN DRAFTING OF RFP FOR UDP.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Manager, you're going to have the floor. Zoning will hold up just a little bit.
Let's try to get rid of this other situation.
Mr. Cesar Odio (City Manager): This item 49, which is the last item on the agenda. Mr. Mayor,
you asked me to go back and revisit the boatyard and the Virrick Gym, and then to come back
with a recommendation. I did that. I have met with the community numerous times, and we
have also had MRA consultants advising us, and Jack Luft as staff. I have to admit that at first, I
was looking at that property, like everybody else was, to look for the highest and best use, and
after meeting, after meeting, after meeting, I changed my mind and decided that what we're
really looking at that property is, what kind of quality of life we want to have in this community,
and it's not necessarily the highest and best use. That's why we have parks that are more
valuable, probably, than the property, that we use it as parks, and we don't develop them. So I
took the approach of the quality of life. What the community wants is what I tried to
accommodate, look for consensus, and at the same time, trying to get some revenue out of that
property, which is not the highest and best use. We should... I would recommend that we solicit
186 October 27, 1994
�1 1
proposal or proposals for the adaptive reuse of either or both Hangar C and D, and adjacent
apron and open space. Any qualified response must include the following provisions: Hangar C,
which is the large hangar, must be...
Commissioner Plummer: Excuse me. What are you reading from? Do we have a copy of it?
Mr. Odio: I gave you one.
Commissioner Plummer: OK. I thought you were reading a document.
Mr. Odio: No, I have... This is what we prepared last night. Any qualified response will... must
include the following provisions: Hangar C, which is the large hangar, must be preserved and
rehabilitated under any proposal. Acceptable adaptive uses must include a proposal for the
financing, construction and management of a full service boatyard, including storage,
commissioning, brokerage, repair and maintenance, provisions for public boat repairs, launching,
and hauling, and maintenance. Additional acceptable reuses, in addition to a full service
boatyard facility may include public market, and that means no sit-down restaurant or liquor
sales allowed, marine -related retail sales, maritime or marine -related office space, historic
interpretive facility, any other use permitted by the Miami Zoning Code, specifically excepting
hotel, restaurant/bar, live entertainment, movie theater. Proposals may provide that Hangar D,
which is the small hangar, may be restored, incorporated into any reuse proposal, replaced or
demolished, provided that, as set forth above, the large hangar is preserved. Any proposal must
address parking, public amenities, public access to Biscayne Bay, public recreational facilities
such as bay walk, cycling path, et cetera. City assistance. With this proposal, the City of Miami
may offer the following inducements or forms of assistance to make the proposed reuse of the
facility commercially feasible. Up to fifty-two wet slips to be reconstructed by the City will be
incorporated into the boatyard operation. Up to an additional eighty slips may be constructed by
the City, and if so, construction will be included in the boatyard operation. The City will
construct a fuel dock, including pipe lines, storage facility and fuel pumps, which will be
included in the operation of the boatyard. The City will reconstruct the seawall. The City will
assist in obtaining low interest loans on behalf of the selected developer for boatyard
improvements. The City will assist in obtaining available Federal and State historic
rehabilitation credits, grants, and other funds, and such other Federal and State funds as may be
available for the renovation and rehabilitation of Hangars C and D.
Commissioner De Yurre: Mr. Mayor, if I may for a second. I need to deal with reality here. I
look at item 49, and I see one page.
Mr. Odio: Right.
Commissioner De Yurre: That's what I have in my packet as of this morning today.
Mr. Odio: That is true.
Commissioner De Yurre: OK? And throughout this whole day, I've had to deal with a number
of issues, 48 other issues...
Mr. Odio: That is correct.
Commissioner De Yurre: ... that come before us. Do you really expect me or this Commission
to absorb what you're proposing here in twenty minutes or one hour, under this situation?
Mayor Clark: This is an RFP (Request for Proposals). This is...
187 October 27, 1994
Commissioner De Yurre: No, no, but the RFP...
Mr. Odio: I'm not asking to...
Commissioner De Yurre: You know, Mr. Mayor, what the problem is? An RFP goes out, then it
comes back, and we don't like something about it, then it gets messed up again and has to go
back out again, and back and forth.
Mr. Odio: I have to bring the... We have to bring back the RFP to you. I'm just listing what we
feel we have to recommend to you, for you to make a decision. If you don't want to make a
decision today, that's fine, but this is what...
Commissioner De Yurre: No. I'm just saying that this could have been done a couple of days
ago.
Mr. Odio: The last meeting that I had... The last meeting that we had with the community was
last night, and it hasn't been easy to develop, or try to develop a consensus, as much as we could,
which, after all, like I said, it's looking for... the issue of quality of life in this community. By
the way, the City will commit up to one hundred thousand dollars to Bayshore Drive and Pan
American Drive beautification. The term of any lease will be negotiated based upon the
economics of the accepted proposal. RFP and terms and conditions. Fair market rental rates for
uses as boatyard, public market, marine -related retail, marine and maritime -related office space,
and any combination of those uses will be established by the City. Any acceptable alternative
adaptive reuse will require an appraisal to establish fair market rental value after the proposal is
received. In ranking proposals, total economic return to the City will be an important factor, but
will not be dispositive. A sensitive reuse program that responds to concerns of the Coconut
Grove community may be ranked higher than one with a more positive economic return to the
City. Proposals which include an adaptive reuse proposal for both hangars may receive a scoring
bonus of up to twenty-five points more. Proposals which include an adaptive reuse which
incorporates a significant historic interpretive and exhibit component may receive a scoring
bonus of up to 15 points additional. Partnership among component developers will be
encouraged. A list of parties requesting bid packages will be furnished to each participant. The
Virrick Gym site. What I'm recommending on the Virrick Gym site is that we will not include
that in the RFP. Virrick Gym will be reserved and renovated for Shake -A -Leg, City of Miami
public sailing programs, and other City ,sponsored recreational programs, community
recreational center, multi -sport aquatic center, if feasible; that is, wind -surfing, kyacking, scuba -
diving, with lessons and equipment rental. Annexes attached to the base building structure will
be demolished to enhance open and green space on the site. Any shared use program for the
building will address the potential for use of the building to incorporate interpretive exhibit space
related to the history of Dinner Key as a marine aviation center, i.e., a museum, interactive
exhibit space, et cetera, provided that such use is compatible with the history of the building, as
well as compatible with the use of the building for the other purposes set forth in this section.
Any net revenues from activities will be used for operating and capital costs of the Virrick Gym.
Mr. Mayor, that's my recommendation.
Commissioner Plummer: Well, let me ask. I guess that's what we're doing now, is asking
questions. Mr. Manager, let's come down to the City's assistance. Have you come up with any
idea of what it will cost the City to do the fifty-two wet slips, the eighty wet slips, to construct a
fuel dock and pipeline storage facility, reconstruct the seawall? Do you have any idea, at this
point, what that cost factor is?
Mr. Jack Luft: Yes, sir. The fifty-two slips will be paid for completely by FEMA (Federal
Emergency Management Agency). We have one point four million dollars set aside for the
construction of those slips, including a portion of the fuel dock and all of the necessary utility
extensions to the site.
188 October 27, 1994
Commissioner Plummer: OK. Let's talk about the eighty slips.
Mr. Luft: The eighty slips will cost approximately ten to twelve thousand dollars per slip, or
about eight hundred, eight hundred and fifty thousand dollars.
Commissioner Plummer: Are those wet slips or just dry?
Mr. Luft: Those are wet slips. That's an expanded marina.
Commissioner Plummer: In other words, it's fifty-two wet slips that you talk about in the first
inception...
Mr. Luft: Yes.
Commissioner Plummer: ... run about twenty thousand dollars each.
Mr. Luft: That's including all of the utility cost to get to the thing, plus pump -out facilities for
the marina. There are up front costs for all the slips that will be absorbed in those first fifty.
Commissioner Plummer: But basically, I'm looking at the eighty to be in the neighborhood, I
assume, just double, in the neighborhood of a million -five.
Mr. Luft: Well, probably less. Probably around a million, because there are higher costs in the
first fifty, because there are shore site costs that we'll cover.
Commissioner Plummer: How much for the fuel dock, pipeline, storage facilities? What is that
going to run?
Mr. Luft: A portion of the fuel dock will be paid for by FEMA. The City's cost will be about a
hundred and fifty thousand dollars.
Commissioner Plummer: The seawall?
Mr. Luft: The seawall is about four or five hundred thousand dollars. We have about a thousand
lineal feet of seawall.
Commissioner Plummer: Where are you going to get the money from?
Mr. Luft: We have two to three million dollars left from the Sunshine State loan that was
originally set aside for marina improvements at Miamarina that, due to the FEMA funding that
was included in that construction project, remains available to us, approved as a loan for
construction of marina improvements. We do... We can use that money on Dinner Key.
Commissioner Plummer: How much were you going to... I thought you were using all of that
money at Miamarina.
Mr. Luft: We're using all of the money except what FEMA will pay for, which is going to
release about two million dollars plus for another project, which we could use to build, and we
will have to build a seawall, and we should build for revenue purposes, the fuel pumps.
Commissioner Plummer: Virrick Gym, we've been told that this will cost approximately no less
than two million dollars. "No less than." It could be more. Now, where's that money coming
from?
189 October 27, 1994
Mr. Luft: The engineering estimate from the consulting engineers who were contracted with to
review all three structures have estimated that the reconstruction cost for Virrick, to return it to
pre -hurricane conditions, with a new roof, new sides, and new mechanical/electrical systems,
will be about five hundred thousand dollars.
Mr. Odio: And we have nine hundred thousand.
Commissioner Plummer: Excuse me. Is Chief...
Mr. Luft: That's a ten thousand square foot building that's about fifty dollars...
Commissioner Plummer: Is Chief Rollason here, please?
Mr. Luft: ... fifty dollars a square foot.
Commissioner Plummer: I'd like to ask Chief Rollason where... He was the one who, on the
public record, stated the two million dollars. It wasn't my number. Chief?
Chief Frank Rollason: Yes, Commissioner.
Commissioner Plummer: You previously had stated that the Virrick Gym, to be rehabilitated,
was going to be in the neighborhood of no less than two million dollars.
Chief Rollason: That's correct.
Commissioner Plummer: That you weren't sure until you actually got into the construction, to
know exactly what was going to have to be done.
Chief Rollason: That's correct. I made that statement here, and it was based upon the figures
that we had initially from the engineers that were here from the insurance, the Hartford... or the
Hartford steam boiler people for the City of Miami, and those were initial estimates that they
gave to us for all the work to be done until the engineering studies were done.
Commissioner Plummer: Have you seen the new study? I assume the new study says that you
were seventy-five percent, or they were seventy-five percent off?
Mr. Odio: Yes, because... Excuse me, Chief.
demolished.
Commissioner Plummer: I'm sorry?
Mr. Odio: That...
Mr. Luft: The annexes add another million dollars.
Mr. Odio: The annexes are going to be demolished.
Commissioner Plummer: OK.
They included the annexes which were
Mr. Odio: And therefore, we do not have to spend any monies on those old buildings.
Commissioner Plummer: OK. Let me tell you one area that I've got a real serious problem...
with the statements that you just made, and that is to restore them, to restore the Virrick Gym as
it was prior to Andrew. It was a damn disgrace that time...
190 October 27, 1994
Mr. Odio: No, I didn't say...
Commissioner Plummer:... and it needs to be redone.
Mr. Odio: Nowhere in here did I say "prior to Andrew."
Commissioner Plummer: I heard that statement.
Mr. Odio: I said that the Virrick Gym will be preserved and renovated. I didn't say "Andrew."
Commissioner Plummer: You said it. You don't remember it.
Mr. Odio: I don't know who said "Andrew" over here, but we want to renovate it to the original
state.
Commissioner Plummer: Then I would assume, Mr. Manager, that if you do restore Virrick
Gym, that, in fact, you will put out an RFP that shows that the maximum amount of money that
the City will expend will be the five hundred thousand dollar figure.
Mr. Odio: Well, I don't... I don't like...
Mayor Clark: We have up to nine hundred thousand, he just stated.
Mr. Luft: Yes.
Mr. Odio: I don't think we should put any RFPs out. We will spend the nine... Rebuild the
building, and whoever wants to move inside the building will have to come up with the cost to
outfit the building for Shake -A -Leg or a museum, or our own... We are proposing...
Commissioner Plummer: Nobody... It's my understanding that nobody can go into that building
right now, at all.
Mr. Odio: We are proposing...
Commissioner De Yurre: Well, isn't that going to be a City building?
Vice Mayor Dawkins: Wait a minute, wait a minute.
Mayor Clark: Please, now, one at a time.
Mr. Odio: Because what we are proposing is that it be our own building, that we will have a
recreational center there, and also, with Shake -A -Leg and others. It is not...
Commissioner Plummer: What I'm speaking to is a bidding procedure, rather than an RFP, that
when the bids go out, that it will be so stated that we have "X" number of dollars to spend.
Mr. Odio: Oh, well, sure.
Commissioner Plummer: And that the bids cannot exceed that amount of money.
Mr. Odio: Fine. We'll rebuild it with nine hundred... with less than nine hundred, that's it.
Mayor Clark: All right. What else do we have now?
191 October 27, 1994
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes.
Commissioner De Yurre: Now, I just want to be clear on this. We talked about... J.L. just said
it's going to cost five hundred. Then you make the statement that...
Mayor Clark: He did not say that.
Commissioner De Yurre:... whoever comes in...
Commissioner Plummer:
J.L. didn't say that.
Commissioner De Yurre:
Didn't you say that it will...
Commissioner Plummer:
No. That's what they're saying.
Commissioner De Yurre:
OK. And you're saying put out an RFP...
Commissioner Plummer:
Because I'm saying they're crazy. OK?
Mr. Odio: I'm saying that the building will belong to the City...
Commissioner De Yurre:
Uh-huh.
Mr. Odio: ... that we will
allow uses for Shake -A -Leg, our own recreational activities there.
Commissioner De Yurre:
OK. So who...
Mr. Odio: It's part of a...
It's a community building...
Commissioner De Yurre:
And aren't we the ones that are going to be owning and running the
building?
Mr. Odio: That's correct.
Commissioner De Yurre:
So if it's going to cost more than the five hundred or nine hundred, we
would have to put it.
Mr. Odio: If...
Commissioner De Yurre: Yes or no?
Mr. Odio: He's putting a limit to it, but if I have to do it with nine hundred thousand, we will
have to do it.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: Are we really and truly being truthful? Now, Shake -A -Leg, if you look
at them, they are all handicapped. And you can't tell me that we're going to sit here and say that
we are going to take the gym and do a shell, and expect the Federal Government, with the
Disability Act, to let us do that. You got to be kidding. You're going to have to bring that
building up to where handi... It must be handicapped accessible. And you can't do that with the
192 October 27, 1994
little bit of money we're talking about. So let's be honest, or say, we are just pulling the wool
over your eyes to get you out of here.
Commissioner Plummer: Easier to start over.
Mr. Odio: Well, I'd rather you not put a limit to it. We do have nine hundred thousand. And...
Vice Mayor Dawkins: OK. All right. Then tell me this.
Mr. Odio: If you're going to put a limit to it, we'll have to adapt.
Vice Mayor Dawkins: Tell me this, Mr. Manager. Tell me this. What is the total amount of
dollars that you have that we, at this moment, can dedicate to the renovation of those properties
and put it into a fund where it can only be used for that purpose? What is the amount?
Mr. Odio: For Virrick Gym, it's nine hundred thousand.
Vice Mayor Dawkins: No, no, no. The total project.
Mr. Odio: It's three separate projects. I have to read it into the record.
Commissioner Plummer: Where's the other three come from?
Mr. Luft: It's about four and a half million dollars.
Mr. Odio: It's close to...
Vice Mayor Dawkins: How much?
Mr. Odio: Close to five million dollars.
Vice Mayor Dawkins: All right. So you have five million dollars to make all of the repairs to all
of the buildings...
Commissioner Plummer: He's got less.
Vice Mayor Dawkins: ... and bring the Virrick Gym up to specifications that the Government
demands for handicapped persons.
Mayor Clark: Yes.
Mr. Odio: Yes.
Commissioner Plummer: I have another question.
Vice Mayor Dawkins: OK. What... All right. You got five million dollars?
Commissioner Plummer: No, he doesn't.
Mr. Odio: Yes, but I don't propose to use...
Vice Mayor Dawkins: What fund can I put that in right now, to ensure that that's what it will go
for?
193 October 27, 1994
Mr. Odio: It's already placed. We cannot do...
Vice Mayor Dawkins: No, no, no. What fund can I...
Mayor Clark: You can't spend it on anything else.
Mr. Odio: It's already in place.
Vice Mayor Dawkins: Give me a fund to put it in.
Mr. Odio: It's in the FEMA funds. It's...
Vice Mayor Dawkins: No, no, no. OK. Mr. Manager...
Mr. Odio: You cannot use FEMA funds for anything else but what it's...
Vice Mayor Dawkins: ... give me an object code, a budget number, an account, or a project
number. Give me a project... That's what I want. Give me a project number where this amount
of money will be spent on this project.
Mayor Clark: Get somebody to say something, please.
Commissioner Plummer: How much of that money is from the Sunshine...?
Vice Mayor Dawkins: J.L., would you let me get through with this, please, J.L., before you
confuse me and everybody else?
Commissioner Plummer: That's not hard to do.
Vice Mayor Dawkins: I know. That's why I asked you not to do it. I understand it's easy to do.
Mayor Clark: All right. Somebody react, now, or do something, and get off the spot.
Mr. Eduardo Rodriguez: Commissioner, the money for the Virrick Gym will be...
Vice Mayor Dawkins: What object... What project number...
Mr. E. Rodriguez: Allow me to say it, and...
Vice Mayor Dawkins: Well, give me the project number and tell me that we have "X," five
million dollars in this project.
Mr. E. Rodriguez: You're going to have in project 332216.
Vice Mayor Dawkins: Wait now. Three...
Mr. E. Rodriguez: 332216.
Vice Mayor Dawkins: 2-1-6.
Mr. E. Rodriguez: Eight hundred and ninety-eight thousand dollars in insurance proceeds for
Virrick Gym.
Vice Mayor Dawkins: Now, you just told me five, you told me five million dollars.
194 October 27, 1994
Mr. E. Rodriguez: Sir, if you'd allow me to...
Vice Mayor Dawkins: Just tell me, "We got five million dollars." I don't want to know how you
got it there.
Mr. E. Rodriguez: We cannot do it that way. OK. This, the insurance location for the Virrick
Gym, it have to be separate for FEMA purposes. We cannot put it in one project.
Vice Mayor Dawkins: OK. So you can say 332216-A, 332216-B, 332216-C, 332216-D, and
down under "D," you know, "A," "B," "C," "D," "E," "F" equals five million dollars.
Commissioner Plummer: But L.
Mr. E. Rodriguez: We can do that.
Commissioner Plummer: Where's the other four million? You haven't spoke to that.
Mr. E. Rodriguez: We have one point four million dollars for the piers from FEMA. It's in a
marina project called... I can give you a page. You're going to see this today at the end of the
meeting.
Commissioner Plummer: Go ahead.
Mr. E. Rodriguez: OK. I have to look at this.
Mayor Clark: We're trying to get something done here, now. With all these questions, these
people are getting more mixed up, and I am, too.
Mr. Odio: Well, by the time... Let me say this. I don't know what... Well, I mean, I'm trying to
understand what's happening, but what I want... We have to come back to the Commission for
approval and expenditure of those funds, and at that time, we have to say this is coming from
account number so and so. So I don't know what the problem is.
Mayor Clark: OK. That's all right. Now, you got a motion for us tonight, so these people are
all restless and want to go home. What are we going to do?
Commissioner Plummer: Well, Mr. Mayor, let me put on the record. OK? Part of these monies
are coming from the Sunshine State fund. Let's don't kid each other right now. Let's put it on
the record like it is. We've got a balloon note from the Sunshine State next year of twenty-one
million dollars, and we don't have the money. Now, if we're lucky, we're going to be able to
refinance that note, if we're lucky, and, if we're lucky, at a good interest. But right now, we
could not, in any way, shape, or form, meet that obligation, which we have. And now, you're
talking about additional monies from this fund.
Mr. Luft: Commissioner...
Mr. Odio: Sir, they are not from that fund.
Mr. Luft:... those expenditures will produce revenue -producing facilities in slips and fuel docks.
Commissioner Plummer: I'm telling you, at this point, you've got more obligation than you can
say grace over.
195 October 27, 1994
PON
IN
Mr. Odio: You told me this morning that since you're going to go...
Commissioner Plummer: I've told you this morning...
Mr. Odio: ... that you will save us.
Commissioner Plummer: ... and I'll tell you again, that I am going to work like hell to get that
thing refinanced.
Mr. Odio: I know it is going to be.
Commissioner Plummer: But my telling you I'm going to work on it is no guarantee that it's
going to happen.
Mayor Clark: All right. Let's do something here tonight. We all know that. That's noted. We
got a resolution here.
Commissioner Plummer: What is the reso... I haven't seen it.
Mr. Odio: We just passed it out.
Mayor Clark: Read the resolution, Mr. Attorney or Madam Attorney.
A. Quinn Jones, III, Esq. (City Attorney): A resolution pertaining...
Mayor Clark: Read it slowly, where the people can understand.
Mr. Jones: A resolution pertaining to the restoration of the Dinner Key area, approving and
accepting the City Manager's recommendation for the comprehensive restoration program as
presented this date, specifically subsection one, for the renovation of the Virrick Gym site for
community recreation, and possible interpretive historic programs; subsection two, for the
adaptive reuse of the Dinner Key Boatyard, Merrill Stevens property in a Unified Development
Process, UDP, for the use/uses stipulated in said presentation, and recommendation of the City
Manager; authorizing and directing the City Manager to commence implementation of said
restoration program, in accordance with all applicable City Charter and Code provisions; and to
appoint a citizens advisory committee to participate in the drafting of the Request for Proposals
for the UDP.
Mayor Clark: All right. Is that satisfactory?
Vice Mayor Dawkins: No, sir. Let's... And add with a specific amount of five million dollars
earmarked and set aside for this project. Add that to the resolution. Mr. City Attorney...
Commissioner Plummer: Are we going to see this UDP?
Mayor Clark: Mr. City Attorney, can we add that to the resolution?
Mr. Jones: Yes, sir, certainly.
Vice Mayor Dawkins: Add that to the resolution.
Mr. Luft: Yes, sir.
Commissioner Plummer: It'll come back here.
196 October 27, 1994
0
Mr. Luft: Absolutely.
Commissioner Gort: It's got to come back to us to be approved. I move it.
Mayor Clark: Now, who's going to speak on this? I hope not everybody, or we'll...
Mr. Manuel Gonzalez-Goenaga: I am going to speak.
Mayor Clark: ... we'll going to meet next week if we go on all night. Go ahead. Let's make it
short, and sweet, and to the point. We've been working on this for a long time.
Ms. Joyce Nelson: I've been working on it for a year and a half.
Mayor Clark: All right. Good for you. Thank God, we're still alive.
Ms. Nelson: Barely. My name is Joyce Nelson. My address is 2535 Inagua Avenue. I'm a
twenty-year resident of Coconut Grove. I'm on the Village Council as a representative, and I'm
president of the Coconut Grove Civic Club, and I've been working on this, as I said, for a year
and a half. I first of all would like to present to you, Mayor Clark, the book that I reviewed with
each one of the Commissioners that has the history of this property documented in this book, and
you asked me for a copy. It took a while to find it. We found it, and I'd like to give it to you.
Mayor Clark: Thank you.
Ms. Nelson: The only Commissioner that did not meet with me was Mr. Plummer.
Commissioner Gort: Well, don't feel bad. He...
Mayor Clark: Plummer probably wrote the book.
Commissioner Plummer: I got better pictures than that in my office. If you had come over, I'd
have shared them with you.
Ms. Nelson: It's a wonderful book on the history. I'd also like to make sure that all of you read
the letter from the Lindbergh family that says that they're entirely in support of this issue, and
they want the hangars to be saved, because they were instrumental in those hangars, and flew out
of there, and this property is extremely historic. I hope that this study is not going to proceed in
the same manner as the Coconut Grove Planning Study did this morning. We are the taxpayers,
and we are the citizens. We have put our time, and our energy, and our heart into trying to make
Coconut Grove the best possible place to live and work. And you, in your wisdom, decided that
you could do things better than us with the planning study. We hope that you won't ignore the
committee's findings on that report, and we hope that you won't ignore the citizens on Dinner
Key. We have spent a lot of time on this project. We have been in meeting, after meeting, after
meeting, and we have worked together very successfully. We have worked with Cesar's office
very successfully. There's only one issue that we don't agree on. None of the citizens want any
of the buildings torn down. There will be money coming to support those buildings. We have a
lot of interest in it. We will find the money. We will work to preserve those buildings. The...
Well, the resolution you read, it does allow for one of the buildings to be torn down, and we are
against that part.
Mayor Clark: All right.
Ms. Nelson: We're asking you to support us. I came to each one of you and asked you for your
support. The citizens have put their heart into this issue. It is a wonderful place for the City of
197 October 27, 1994
El
Miami to be proud of, to bring tourists here, and make it part of the community, and we hope
you will listen to us this time.
Mayor Clark: Thank you. Yes, sir.
Mr. Gonzalez-Goenaga: Yes.
(APPLAUSE)
Mayor Clark: Go ahead.
Mr. Tucker Gibbs: Oh, you want me to go ahead?
Mayor Clark: Go ahead, Gonzalo.
Mr. Gonzalez-Goenaga: Gonzalo Gonzalez-Goenaga. Good afternoon, Commissioners and
citizens of Miami. I don't have the eloquence of the lady that preceded me, and I speak bluntly
and to the point. The problem, dear Brutus, as in Shakespeare, in "Hamlet," says, "The problem,
dear Brutus, lies not in our stars, but in ourselves." And to be practical, there is a double
standard. I'm just going to ask two questions, very simple ones. How much annual rent does the
rowing club, of which Mr. Odio is a member, pays to the City of Miami? Question number one.
Question number two: How many acres of oceanfront space does the rowing club use of public
land? I understand it's one dollar. So there is a double standard in the City. My dear citizens,
we must do something before it's too late.
Mayor Clark: Thank you. Thank you for your...
Mr. Gonzalez-Goenaga: Thank you very much.
Mayor Clark: Yes, sir.
(APPLAUSE)
MR. Gibbs: My name is Tucker Gibbs, and I'm here today to say that we, the group of people
who have come together, including the Coconut Grove Civic Club and the Village Council,
oppose the demolition of the hangars. One of the major issues is citizen participation in the
process. And what we'd like to ask you all, as part of your resolution, is to include a citizens
committee, which was the same kind of committee that was...
Mayor Clark: They stated that in the resolution.
Mr. Gibbs: A citizens committee to help draft the RFP.
Mayor Clark: It says that...
Mr. Gibbs: It's in there? OK. I'm sorry.
Mayor Clark: If you read it.
Mr. Gibbs: I didn't realize that. OK. In addition... Yeah, we didn't get a copy. In addition...
Vice Mayor Dawkins: Appointed by whom? The citizens' committee be appointed by whom?
Mayor Clark: By the County.
198 October 27, 1994
Commissioner Plummer: By the City Commission.
Mr. Gibbs: I think it says appointed by the Manager. It says by the City Manager?
Unidentified Speaker: City Manager to appoint.
Mr. Gibbs: By the City Manager. That's fine.
Commissioner Plummer: By the City Manager?
Mr. Gibbs: The other issue is one of financing, and we'd like to... We'd like you A to take
note, and I will put this into the record, a letter that was written to Jack Luft from Michael
Canon, a member of the Coconut Grove Village Council, as well as a certified appraiser. And
we'd like you all... We'd like the City Manager to take account of this, and within the RFP,
respond to Mr. Canon's suggestion of using the revenues from the waterfront to fund capital
improvements. And that is one issue that Mr. Canon has said is viable, and this is his area of
expertise. Thank you.
Mayor Clark: All right. Thank you. Yes, sir.
Mr. Bruce Reep: My name is Bruce Reep. I've come to speak to you. We spoke on this last
March 24th, and at that time, three of the Commissioners felt that it might be a better idea to tear
it down, but you said you would be open-minded. What happened after that was the community
let you know how determined we were to try to save these buildings. Two structural... A
structural engineering report was drawn up, and in that, it conclusively said how good these
buildings were. To give you little factors behind it... I don't know if you've gotten a chance to
read these. There's two reports. One is a cost analysis report. The cost if forty thousand dollars
to have these reports done, and they're very good, but there are some problems with them,
particularly on the structural report. The good part is that they the structures are in very, very
good condition. They have withstanded (sic) hurricanes for over forty years. They were built in
'37 and '38. But we have hangars out here at Tamiami Airport that aren't even twenty years old
that were flattened, as well as at Homestead. These things are in great shape, as far as their
structural integrity, and their foundations.
Mayor Clark: Sir, let me tell you one thing. If that hurricane would have hit here, like it did
down in Homestead, you'd have had no City left.
Mr. Reep: Hurricane Donna hit us at a hundred and ninety-five miles an hour, in Coconut
Grove. You can check the records.
Commissioner Plummer: No.
Mayor Clark: That never happened.
Commissioner Plummer: How much?
Mayor Clark: A hundred and ninety miles...
Mr. Reep: A hundred and ninety-five.
Commissioner Plummer: Noway.
Mr. Reep: Yeah. Anyway, let me...
199 October 27,1994
Mayor Clark: You'd have been floating in heaven by now.
Mr. Reep: I'll go forward here. My problem with the cost analysis report, you're not going to
be able to rebuild these buildings as the appraisal value of the structures. Before you, the City,
decides to tear down any of our assets, since we are so broke, as we hear all the time, and how in
debt we are, we feel that we should try to recoup what we can from our assets, and try to fix
them, rather than just throw them away. We, as citizens and taxpayers, want to know what these
buildings are worth as structures, if you were to rebuild them like they are, rather than just first
tear them down. The second thing is, this report comes out with a whole bunch of items, as the
previous speaker had told you, that makes it kind of unfair here. We signed lease with Grove
Key Marina, and we, as citizens, helped credit him for three hundred and sixty thousand dollars
for re -siding this building, and we have a nice, signed lease for twenty -some years with him, but
we have two identical hangars right next door, and in this cost analysis report, they're
demanding all kinds of things, like sprinkler systems, which are required by the Fire Code, we
have the Fire Code. It's just as required for his buildings that have the thirty boats in one hangar,
and forty in another. If they're going to use ADA, gender parity for the toilets, Americans with
Disabilities Act, if they're going to say that we have to have elevators, if they're going to say
that in this report, a hundred and two thousand dollars in carpeting, I don't know what in the
world you need carpeting of that amount of money, fifty-seven thousand... sixty-two thousand
square feet of carpeting in an old hangar, or in a kids' gym, or where wheelchairs are. They
don't work real great on carpet. They work better on surface. But I just don't understand this,
why in landscaping, they got another half a million. They got so many added costs, and what's
disturbing is, why these added costs are being used. Mr.... I have to commend, first of all, the
City Manager and his staff. They have worked diligently with us. Please support him on this.
Mayor Clark: Thank you. Thank you for your...
Mr. Odio: We are agreeing, believe it or not.
Mr. Reep: We are agreeing. But I'm just saying...
Mayor Clark: OK.
Mr. Reep: ... don't use these prices against us, because if you're going to use it against us, you
have to do the same for the hangars next door.
Mayor Clark: If we keep talking, we're going to disagree.
Mr. Odio: Mr. Mayor, would I invite Gonzalez-Goenaga to be a member of my club? No.
Mayor Clark: Sir, yes. Yes, sir.
Mr. Howard Weisberg: Howard Weisberg. I'm chairman of the Coconut Grove Village
Council. The Coconut Grove Village Council is the elected body of Coconut Grove representing
all the residents of Coconut Grove. It voted unanimously, without question, to save these
hangars. As a Coconut Grove issue, there's no question, the hangars are to be restored, they're
to be saved, and they're to be used for the purposes described in the charrette.
Mayor Clark: All right. Thank you, sir. OK. Your name, for the record.
Mr. Stuart Sorg: Stuart Sorg. I'm here representing the Coconut Grove Chamber of Commerce.
I've just presented to you a position that the Chamber took in March on the major buildings that
we're talking about. We are in favor of supporting Jack Luft and the City's position. We're
200 October 27, 1994
only saying that at this time, if all else fails, you'll take another look at the Chamber's
recommendation that we not keep the two buildings. We're not opposed to what's going on.
We're saying if the funds are not raised, if the Commission doesn't go along with the RFP, that
you fall back and let the Chamber's position be studied for potential use.
Mayor Clark: All right.
Mr. Sorg: Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
(BOOS)
Mayor Clark: Ladies and gentlemen, if you want the meeting to stop right now, just keep that
up.
Mr. Odio: Mr. Mayor, I do want to add just... Why didn't you come to my meetings?
Mr. Sorg: Nobody invited me.
Mr. Odio: They were open.
Mr. Sorg: Well, I...
Mr. Odio: Everybody knew about that.
Mayor Clark: Everybody else was there. OK, Stuart. Thank you for your comments. Give us
this gentleman. Yes, sir.
Mr. Ron Nelson: Good afternoon. My name is Ron Nelson. I also live in Coconut Grove.
Believe it or not, at the beginning of this, we were this far apart, and we were, everyone was very
upset. Now, we're this far apart. We're getting very close, and that's great. I'm really glad to
see it's happened. At the beginning, we heard costs of seventy to ninety dollars a foot to rehab
the buildings. We said, you're crazy, it's not going to cost that much. And it turns out, now,
you're talking about fifty-seven dollars a foot to rehab the buildings. At the beginning, we
talked about the Virrick Gym site, and its uses, and how it wouldn't. Now, it seems to be that it
might work, and we're excited about that. And if you take in the figures of tearing them down
and rebuilding them, it's approximately fifty dollars a foot. Well, you're very close to the cost
that it's going to cost you to rehab it. So, actually, we're not that far apart. The community
wants it, that's important. You've got a lot of people who've turned out, worked very hard for
this, and I think that there's a lot of money still out there that will come forward for it. Dade
Heritage Trust has said that they'll help try and raise corporate funds to help restore some of
these buildings, and I'm going to hold them to it. You know, if you tear them down, you create a
park that is a drain to the City. We have a lot of parks in Coconut Grove. It's rare you're going
to hear Coconut Grove people say, don't give us a park, but in this instance, they're saying it. If
you tear it down, it's going to cost you money.
Mayor Clark: OK.
Mr. Nelson: It's going to be a big piece of property that you're going to have to maintain and
get no revenue from. If you repair it and put something that works there, it's going to be a
revenue maker, hopefully. It certainly won't be the drain that a blank piece of land will be. And
you're going to employ citizens. You know, right now, a lot of people work there. A lot more
could work there if a viable interest was there. And that's important, too. Don't unemploy
people. Employ people, and you could do it with this site.
201 October 27, 1994
Mayor Clark: Thank you, sir.
Mr. Nelson: Keep that in mind. Thank you.
Mayor Clark: Thank you very much.
(APPLAUSE)
Mr. Bill Stewart: Good evening, gentlemen. My name is Bill Stewart. I've lived in Miami for
22 years, and I've been selling boats since 1972. 1 am the yacht broker at Dinner Key Boatyard.
I'm here this evening to plead with you to restore the boatyard, give us a chance to have the
modern facility that our historic hangars deserve. We need to have the seawall repaired, to
protect what is already here, to make hauling of boats safe and convenient. This will provide a
space for the much needed fuel dock. This dock, in turn, will provide the income to be used for
further improvements to the boatyard. There are no other diesel facilities on the bay. Our
community needs a full -service boatyard, catering to power and sail vessels, up to 75 feet. And
Miami needs a do-it-yourself facility, where even a sailor of modest means can do his own work
and prepare his craft for sea. There are now twenty businesses employing forty-five people
already working at the boatyard, clawing out an existence, competing with boatyards that already
have proper travel lifts and better facilities. The boaters next door at Dinner Key Marina, who
pay on average four hundred dollars a month dockage to the City will appreciate the convenience
and the safety of emergency service nearby. Please look at our flyer and our photo book,
showing our boatyard at work, and help us keep it working.
Mayor Clark: All right.
(APPLAUSE)
Mr. Stewart: These beautifully proportioned hangars provide an anchor for our waterfront.
They have already survived many hurricanes. And if these magnificent buildings are taken
down, something much more expensive will be proposed to us. And, gentlemen, if times are
tough, please don't commit more money to new buildings. Please, save these buildings and
populate them with the craftsmen we need to sustain our unique yachting community. The
hangars are structurally sound. They have fostered brotherhood with our neighbors in Havana,
Key West, and distant parts of the world, all the way to China. These hangars should be used for
boats, to provide services for our local commercial and cruising yachtsmen en route to the
Bahamas and the Caribbean.
Mayor Clark: All right.
Mr. Stewart: The hangars are the boatyard.
hangars.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: All right.
Please restore the boatyard and preserve our
Mr. Mark Eubank: Good evening. My name is Mark Eubank. I am the president of the Coconut
Grove Junior Chamber of Commerce. And at this time, I'd like to remind people that
sometimes, the back pocket philosophy just doesn't work. It would simply be easier and cost
less to drop the buildings, and replace them with a green grassy area. And it usually costs more
202 October 27, 1994
to do the right thing than the easy thing. These buildings, for many years, have served the needs
of this community. The Shake -A -Leg nonprofit organization has utilized these facilities since
the hurricane, as they stand, as a testament to their usefulness and their need. It is for these
reasons and so many others that we implore you to consider the proposal to keep the buildings,
as a fully accessible water sports and sailing center that will be an asset, both to the City and to
her citizens.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: All right. Let's go. Yes, sir.
Mr. Bill Harrington: Good evening. I would remind you...
Mayor Clark: Give us your name and address, please.
Mr. Harrington: Bill Harrington, 7225 Southwest 71st Avenue. I'm a member of the Marine
Council, and I think you know who I am in general. You, in your infinite wisdom, retained the
Waterfront Advisory Board. You made some reappointments and some new appointments. That
Waterfront Advisory Board has been... The new Waterfront Advisory Board has been in
existence now for several months. I would remind you that the previous Waterfront Advisory
Board heard the presentations of the charrette, and endorsed them, and those recommendations
are still in force. The now Waterfront Advisory Board has not rescinded them. They have had
the opportunity for several months to, indeed, have rescinded them. They have not, and they
have reinforced the position of the community. The previous Waterfront Advisory Board, in the
following, at their last board meeting two or three weeks ago, they made, I think, their first
definitive resolution, Mr. Mayor, and endorsed the immediate implementation of proceeding
with the fifty-two slips. So you've got a Waterfront Advisory Board, they've taken some action,
and they reinforce the community's position. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Mayor Clark: Yes, sir. These two men. I'm going to have two more speakers, then we're going
to come to a decision here. Yes, sir.
Mr. Michael Carlebach: My name is Michael Carlebach. I live on Bay View Road in Coconut
Grove, and I head the American Studies Program at the University of Miami. If you tear down
these buildings, you haven't done just a local thing. These buildings have national significance.
They are at the birth of the commercial aviation industry in this country. They are not just
nationally significant, they are internationally significant. And once erased, historic buildings
can never be brought back. A picture in a book is just no good substitute. If you take this action
and tear down any one of these buildings, we will have lost something that is unique and really
significant.
Mayor Clark: OK. Thank you, sir. Yes, sir. That's the last one.
(APPLAUSE)
Mr. John Brennan: My name is John A. Brennan. I've been in Dade County since 1953, served
ten years on the City of Miami's Waterfront Board. And unlike Joyce, I've got about five years
of the boatyard arrangement on my plate. I would like to have this Commission support the
203 October 27, 1994
Mayor's - the Manager's proposal. I would particularly think you should support his program to
get the docks, the fuel facilities, and the boatyard running immediately. That is an income -
producer. I thank you for your time.
(APPLAUSE)
Mayor Clark: All right. This is the last speaker.
Mr. Wayne La Mura: Captain La Mura, Wayne. Dinner Key right now, living aboard. I am an
ex -Pan American captain, and presently, a United Airlines Captain, 747 International, for thirty
years. This is part of our heritage. This is the place that aviation was born on an international
scale for this City and much of the world. This is the original hangar that Lindbergh operated for
Pan American from. This building is part of that history. Let us not destroy our roots. Please
save these buildings.
(APPLAUSE)
Mayor Clark: All right. Thank you, sir. If you want to say something... the last one.
Mr. David Monson: My name is David Monson, and I live in the City of Miami, and I just
wanted to say that I hope that the Commission follows the City Manager's recommendations and
that they have a soft spot in their heart...
Commissioner Gort: As soon as you give us a chance to make a motion.
Mr. Monson: I will. If you want me not to speak I'll...
Mayor Clark: No, go ahead.
Commissioner Gort: Go ahead, sir. Go ahead.
Mr. Monson: All right. Anyhow, the good work that the Shake -A -Leg Sailing Program has
done for the whole handicapped community is... It can't be measured. And these people have
come in and worked so hard. And even after the hurricane and the condition of the building and
everything, they've gone forward and I just hope the City will find it in their heart to make it
possible for them to continue there. Thank you very much.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mayor Clark: The public hearing is closed. Motion by Mr. Gort. Second. Any further
discussion?
Commissioner De Yurre: Plenty of discussion, Mr. Mayor.
Mayor Clark: All right. Go ahead.
Commissioner De Yurre: To begin with, I'm quite troubled that I hear, for example, that Joyce
Nelson has been working, and the community has been working for a year and a half on this, and
if it isn't because I go out of my way to find out when the meetings are held and I show up,
because this Commission is not invited to anything. When these meetings are going on, I have
never received an invitation. I went to the exhibition center here in Coconut Grove one night,
showed up quietly, just listened. Nobody invited me. I just happened to find out that there was a
204 October 27, 1994
meeting going on. Last night, I find out there's another meeting going on upstairs. I show up
about eight o'clock at night, and Bill Harrington saw me when he was leaving, and the City
Manager and Christina Cuervo, his assistant, was there to... so I can get some feedback into
what's happening. It's great to work with the community. We all have to work together. But
it's not fair that we get hit at this time of night with a document that we're expected to approve
like that, without having to analyze it, or even read it. It's not fair for anyone to be put in that
position, much less ours, that we represent this whole community and have to make a decision
for all of us. Last night, I'm talking to the City Manager, and one of the things that I hear going
up in the air is this farmers' market, which may be a good idea, may not be a good idea. But one
of the things that this community, Coconut Grove, has stood for, over all the years that I've been
serving in office, for seven years, and I'm certain everybody else has been here for a lot longer
than I have, is that we don't want more development. We don't want more commercialization of
our area, and it's time to stop. We want to maintain the residential integrity of what Coconut
Grove is all about. And that's fine and good, and something that I believe in, because I live right
down the street. I talked to the City Manager last night, and I started talking about this farmers'
market. And the number that he gave me of the people that had to come here annually to make it
feasible was four million people a year. Four million people a year, which means more than ten
thousand people per day. People in Coconut Grove raised a stink about Coco Plum because of
the traffic, because of this, because of that. You know how many people go to Coco Plum - to
Cocowalk annually? Two and a half million only. Is that what you want here, four million
people right over here? And those are the things that we have to digest and understand before
we go ahead and put out an RFP, and put out this, and put out that. People that are investors that
expect a return on their money. If not, they're not going to put up their money if they can't get a
return. They're going to expect that kind of activity here. Is that what we want? Do we want to
save the buildings? That's fine. But we have to do it in a way that's reasonable, and something
that we can all understand what's happening. I, for one... This may pass, and I may be the only
negative vote here, but I, as an individual, cannot make an intelligent decision on what is being
asked here tonight, when I get this to shove it down my throat an hour ago, and I don't even have
time to absorb it. I just have to listen to what's going on, and the City Manager just reads it into
the record, and that's the end of that. I cannot, for one, vote on this tonight. I just want to state
that for the record.
Mr. Odio: Mr. Mayor...
Mayor Clark: OK. Call the roll, Madam Clerk.
Commissioner Plummer: Well, wait, wait, wait.
Mr. Odio: Wait. Mr. Mayor, I need to clarify the four million people. If I mentioned that
number, I was completely off the wall. The number to break even is, what? Thirty thousand?
And the maximum to make money is a hundred and thirty thousand a year.
Mayor Clark: J.L., you got any problems?
Mr. Michael Lawry: If I can address that. We've done a very quick pro forma, admittedly...
Commissioner Plummer: Huh?
Mayor Clark: You ain't got no problems with this. Let's get the damn thing going.
Commissioner Plummer: Well, I just want to make sure of some things that are going to...
Mr. Luft: ... that shows that a gross revenue level of about two million dollars a year, at a thirty-
five thousand square foot market. That would not only break even, but return a reasonable
205 October 27, 1994
amount of money to the City. That requires a patronage base of about a hundred and thirty
thousand people a year, spending an average of fifteen dollars per visit, which is consistent with
what goes on in these types of markets around the country.
Mayor Clark: All right.
Mr. Luft: The idea here is to create a community asset that the people in the community use.
Commissioner De Yurre: OK. So that's just an example, Mr. Mayor, of misinformation, that we
cannot base and make an intelligent decision on.
Mr. Odio: Yes. That's correct.
Mayor Clark: All right.
Mr. Odio: The fact is that... The fact is, Mr. Mayor...
Mayor Clark: Let it go.
Mr. Odio: OK.
Mayor Clark: Mr. Plummer, you have the floor.
Commissioner Plummer: My problem, Mr. Manager, you know, is the same thing I brought out
before. You present us with a document, and we're expected to rubber stamp it, and not have
our own opinions. And that's what's happening here. Unfortunately, we've had no input. Now,
I don't find anything in here, for example, that in an RFP, is going to contain a minimum return
to the City. That's in every contract.
Mr. Odio: It's not in every contract.
Commissioner Plummer: Well, OK, a UDP (Unified Development Plan).
Mr. Odio: This is not a... We just asked you to allow us to prepare...
Mayor Clark: An RFP.
Mr. Odio: ... an RFP...
Commissioner Gort: An RFP to come back to us.
Mr. Odio: ... that will be brought back to you...
Mayor Clark: It's all going to come back to us.
Mr. Odio: ... that you will get with plenty of time. You asked me... I need to clarify this.
Commissioner Plummer: But are we going to have the right to express our opinions as to what is
in that RFP?
Mr. Odio: Of course.
Mayor Clark: Hell yes. Absolutely.
206 October 27, 1994
1
Mr. Odio: Of course. You can do it right now, if you wish.
Commissioner Gort: Mr. Mayor.
Mr. Odio: But the fact is, you asked me, the Commission did, as a body, to come back with a
recommendation. And the only way I have to do a recommendation... I didn't want to do it in a
vacuum, Commissioner. I had to do it with my staff, and with community input, which I chose
to do.
Mayor Clark: I think you did a good job. You did a good job.
Mr. Odio: I could not call to open meetings, because then I violate the Sunshine law.
(APPLAUSE)
Mayor Clark: You did a good job.
Commissioner Gort: My understanding, when this was in front of us, that we were going to give
a chance to the people of Coconut Grove and the Management to work together and try to come
up with a Request for Proposals.
Mayor Clark: And the Advisory Board, and everything else.
Commissioner Gort: The reason I made the motion was because I think this would give an
opportunity for the private enterprise to work with the governmental agencies and come back
with some ideas, and that's the only reason why I'm voting on this. I can understand Victor's
worry, because we just got this. But at the same time, we're going to get a chance to look at the
RFP and approve the RFP. We're also going to be able"to put input, and so are the citizens. And
that's why I made the motion.
Commissioner Plummer: That's fine.
(APPLAUSE)
Commissioner Plummer: When do you anticipate the document will be prepared, by when?
Mr. Luft: We will have to first come back with you for formal authorization to draft it. We
would come back to you December 1st with a public hearing where you would declare this a
UDP, and authorize us to draft the document.
Commissioner Plummer: That's fine.
Mayor Clark: Let me give you this information. Chuck Cobb, I think you all know Chuck
Cobb, or of Chuck Cobb...
Commissioner Plummer: Yep.
Mayor Clark: ... just called, and understands that you're hearing this item now. He wants us to
know that the Pan American Corporation has interest in developing the hangars.
(APPLAUSE)
Mayor Clark: Well, if that's not heritage... That's heritage. Call the roll, Madam Clerk.
207 October 27, 1994
Vice Mayor Dawkins: Before you call the roll, I'm going to vote for this. I don't understand it.
Like J.L., like everybody else...
(APPLAUSE)
Vice Mayor Dawkins: The main thing I see in here that I disagree with is the Manager
appointing a selection committee...
Commissioner Plummer: No, we are.
Vice Mayor Dawkins: ... the Manager appoints an advisory committee, and all of you come to
my office complaining about the advisory committee, and I didn't have nothing to do with
selecting it.
Mayor Clark: I second it.
Commissioner Plummer: I don't think that's the way it's written.
Vice Mayor Dawkins: But therefore, I promised everybody who came in my office that
whatever you brought here that you were satisfied with, I would vote for it, so I'm voting with it.
Mayor Clark: Roll call.
Commissioner Plummer: It's my understanding that the Manager...
Mr. Odio: Why don't you amend it to have each one of you appoint one member to the selection
committee.
Commissioner Plummer: That's fine.
Mayor Clark: That's fine. That's good.
Mr. Odio: And I would suggest that they be from the... advisors from the Coconut Grove area.
Mayor Clark: All right. I'm going to appoint Chuck Cobb, but go ahead. Call the roll.
208 October 27, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-782
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND ACCEPTING THE
CITY MANAGER'S RECOMMENDATION, ATTACHED HERETO AS
"ATTACHMENT 1" AND MADE A PART HEREOF, FOR A COMPREHENSIVE
RESTORATION PROGRAM OF THE DINNER KEY AREA, MORE SPECIFICALLY
FOR THE (1) RENOVATION OF THE VIRRICK GYM SITE FOR COMMUNITY
RECREATION AND POSSIBLE INTERPRETIVE HISTORIC PROGRAMS; AND (2)
ADAPTIVE REUSE OF THE DINNER KEY BOAT YARD/MERRILL STEVENS
PROPERTY UNDER A UNIFIED DEVELOPMENT PROCESS ("UDP") FOR THE
USE(S) STIPULATED IN SAID RECOMMENDATION; AUTHORIZING THE CITY
MANAGER TO COMMENCE IMPLEMENTATION OF SAID RESTORATION
PROGRAM IN ACCORDANCE WITH ALL APPLICABLE CITY CHARTER AND
CODE PROVISIONS; PROVIDING FOR THE APPOINTMENT BY MEMBERS OF
THE CITY COMMISSION OF A CITIZENS' ADVISORY COMMITTEE COMPOSED
OF INDIVIDUALS FROM THE COCONUT GROVE COMMUNITY TO
PARTICIPATE IN THE DRAFTING OF THE REQUEST FOR PROPOSALS FOR
THE UDP.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Clark, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: Commissioner Victor De Yurre
ABSENT:
None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: For the reasons I previously stated, and just a matter of principle, even
though it's a right thing to do, I think in general, I have to vote no.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: It passes. Ladies and gentlemen, we're on the road again, I believe.
(APPLAUSE)
Mayor Clark: Listen, we have a long hearing after this, so please, if you're not here on zoning,
please leave quietly and give us a break. Thank you for coming down.
209 October 27, 1994
OAS
----------------------------------------------------------------------------------------------------------------
59. AUTHORIZE EXPENDITURE OF $9,500 FOR EMERGENCY REPAIR OF
CONCRETE PAVEMENT ON SOUTH SIDE OF COCONUT GROVE
CONVENTION CENTER.
Commissioner Plummer: Mr. Mayor, while they're exiting, do you want to take up a few of
these items?
Mayor Clark. What is that?
Vice Mayor Dawkins: Hold it. A few of what items?
Commissioner Plummer: This is for the Manager.
Vice Mayor Dawkins: No. No more.
Commissioner Plummer: You better do this one or you've got a lawsuit.
Vice Mayor Dawkins: Have a lawsuit.
Mayor Clark: What is it, J.L.?
Commissioner Plummer: Mr. Mayor, this is from the emergency repairs of the Coconut Grove
Convention Center. It's the expenditure of ninety-five hundred dollars to repair the concrete
uneven pavement on the south side of the Coconut Grove Convention Center. I so move.
Commissioner Gort: Second.
Mayor Clark: With no objection, cast a unanimous ballot.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Dawkins: What's the emergency?
Commissioner Plummer: I assume for the Summit.
Vice Mayor Dawkins: What is the emergency?
Commissioner Plummer: The uneven pavement on the south side of the Coconut Grove
Convention Center.
Mayor Clark: Just a resolution.
210 October 27, 1994
W
aQ
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-783
A RESOLUTION AUTHORIZING THE EXPENDITURE FOR $9,500 OF
EMERGENCY REPAIR OF THE CONCRETE PAVEMENT LOCATED ON THE
SOUTH SIDE OF THE COCONUT GROVE CONVENTION CENTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------
60. WAIVE CONFLICT OF INTEREST TO PERMIT GREENBERG TRAURIG TO
TAKE ON APPEAL OF THE MIAMI MENTAL HEALTH CENTER
DECISION, AS IT RELATES TO BONDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I move a motion to waive a conflict of interest in order to
permit Greenberg, Traurig to take an appeal of the Miami Mental Health decision, as it relates to
the bonds. I so move.
Mayor Clark: Is there a second? Second?
Commissioner Plummer: Yeah.
Commissioner Gort: What was that?
Mayor Clark: Is there a second?
Commissioner Plummer: It's for the bonds, for the health bonds.
Mayor Clark: All right, sir. Any objection? Hearing none, cast a unanimous ballot.
211 October 27, 1994
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 94-784
A MOTION TO WAIVE CONFLICT OF INTEREST IN ORDER TO PERMIT
GREENBERG TRAURIG TO TAKE AN APPEAL OF THE MIAMI MENTAL
HEALTH DECISION AS IT RELATES TO THE BONDS.
Upon being seconded by Mayor Clark, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
----------------------------------------------------------------------------------------------------------------
61. (A) ACCEPT BID: LAWMEN'S AND SHOOTERS SUPPLY, INC. -- FOR
FURNISHING VARIOUS TYPES OF AMMUNITION, FOR POLICE
DEPARTMENT-- ALLOCATE $78,778.08.
(B) AUTHORIZE PURCHASE OF: (1) COMMERCIAL LAW
ENFORCEMENT VESSELS AND ACCESSORIES FROM BOSTON
WHALERS, INC (UNDER DADE COUNTY BID NO. 489-003)
($69,212); AND (2) FOUR MOTORS FROM OUTBOARD MARINE
CORPORATION (UNDER STATE OF FLORIDA CONTRACT NO.
120-440-93-1) ($28,646) -- FOR POLICE DEPARTMENT --
ALLOCATE $97,858 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
Commissioner Plummer: Mr. Mayor, on items relating... I don't remember the numbers, but
items relating to all of that damn ammunition.
Vice Mayor Dawkins: J.L., hold up a minute.
212 October 27, 1994
Commissioner Plummer: Sure.
Vice Mayor Dawkins: Now, we done been through the agenda. We went through all this this
morning, and now you coming up with sixteen items. I mean, it just doesn't make sense, J.L.
Commissioner Plummer: Excuse me. Those items were from the Manager. Now, can I bring up
mine?
Vice Mayor Dawkins: No.
Commissioner Plummer: Mr. Mayor, I move at this time the matter relating to the ammunition,
enough to fight the Korean War, and that relating to the marine patrol boats be approved, subject
to any Commissioner who has the opportunity to look in it and object up until Monday at five
o'clock. If no Commissioner objects, it is then approved. I so move.
Vice Mayor Dawkins: I object, I object.
Commissioner Plummer: Oh, shut up.
Vice Mayor Dawkins: Are they going to buy the boats?
Mayor Clark: Seconded by Willy. No, they got the boats.
Lt. Joseph Longueira: Those are items 13 and 20, for the record.
Mayor Clark: Thirteen and 20.
Lt. Longueira: CA-13 and CA-20.
Commissioner Plummer: Subject to a five o'clock...
Mayor Clark: Roll call is, Commissioner Dawkins votes no, Commissioner De Yurre votes yes,
I vote yes, and these two vote yes.
Vice Mayor Dawkins: Thirteen, wait a minute.
Mayor Clark: You vote yes?
Commissioner Plummer: Yes. The ammunition and in the boats.
Mayor Clark: That's all.
Commissioner Gort: I'll second.
Mayor Clark: All right. Listen. Don't leave.
213 October 27, 1994
The following resolutions were introduced by Commissioner Plummer, who moved their
adoption:
RESOLUTION NO. 94-785
A RESOLUTION ACCEPTING THE BID OF LAWMEN'S AND SHOOTERS
SUPPLY, INC. FOR THE FURNISHING OF VARIOUS TYPES OF AMMUNITION
AT A TOTAL PROPOSED AMOUNT OF $78,778.08 FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE 290201-703; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 94-785.1
A RESOLUTION AUTHORIZING THE PURCHASE OF COMMERCIAL LAW
ENFORCEMENT VESSELS AND ACCESSORIES FROM BOSTON WHALERS,
INC. AT A PROPOSED COST OF $69,212.00, UNDER DADE COUNTY BID NO.
489-033, AND FOUR MOTORS FROM OUTBOARD MARINE CORPORATION AT
A PROPOSED COST OF $28,646.00, UNDER STATE OF FLORIDA CONTRACT
NO. 120-440-93-1, FOR THE DEPARTMENT OF POLICE, FOR A TOTAL
PROPOSED COMBINED COST OF $97,858.00; ALLOCATING FUNDS THEREFOR
FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO, 029002-
247, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN CERTIFIED
BY THE CHIEF OF POLICE AS BEING IN COMPLIANCE WITH FLORIDA STATE
STATUTE 932.7055, AS AMENDED; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(Here follows body of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolutions were passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: Vice Mayor Miller J. Dawkins
ABSENT: Commissioner Victor De Yurre
214 October 27, 1994
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF ITEMS FROM
THE REGULAR PORTION OF THE AGENDA TO CONSIDER
ITEMS FROM THE PLANNING AND ZONING PORTION OF THE
AGENDA.]
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of October, 1994, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 7:10 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Sergio Rodriguez, Assistant City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Cesar Odio, City Manager
215 October 27, 1994
Z]
----------------------------------------------------------------------------------------------------------------
62. CONTINUE (TO DECEMBER MEETING) CONSIDERATION OF APPEAL
OF ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW A
REDUCTION OF A SIDE YARD SETBACK FOR A PROPOSED ADDITION
TO AN EXISTING CAR WASH ESTABLISHMENT AT 3400 SOUTH DIXIE
HIGHWAY. (Applicant / Appellant: James Confalone.)
Mayor Clark: Please, let me have your attention. Do we have anyone here from the zoning
agenda that's asking for a deferral?
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Mayor Clark: Come up forward. Come up and identify yourself.
Mr. Rodriguez: Mr. Mayor.
Mayor Clark: Just a moment. Let him respond.
Mr. Herminio San Roman: Good evening, Mr. Mayor, Commissioners, my name is Herminio
San Roman, requesting deferral of item PZ-8, a continuance for the December 1st meeting.
Mayor Clark: All right, for the meeting in December, whatever it is. All right. Is there a motion
to...
Vice Mayor Dawkins: So moved.
Mayor Clark: Second? Cast a unanimous ballot. Thank you, sir.
Mr. San Roman: Thank you.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER GORT,
ITEM PZ-8 WAS CONTINUED TO DECEMBER 1ST BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mr. Rodriguez: I was going to mention, Mr. Mayor, that the opponents also agree on the record
that they agree to that.
216
October 27, 1994
04
----------------------------------------------------------------------------------------------------------------
63. CONTINUE (TO DECEMBER MEETING) CONSIDERATION OF AN
APPEAL OF THE HISTORIC & ENVIRONMENTAL PRESERVATION
BOARD'S DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR
INSTALLATION OF A SIGN ON UPPER EAST ELEVATION AND TWO
BANNERS AT 169 E. FLAGLER STREET A/K/A THE ALFRED I. DUPONT
BUILDING. (Applicant / Appellant: Capital Bank.) (See label 72A)
Mayor Clark: All right. Go ahead. Yes, ma'am.
Ms. Lucia Dougherty: Mr. Mayor, Lucia Dougherty, law offices at 1221 Brickell Avenue,
asking for a deferral on item PZ-10, Capital Bank appeal.
Mayor Clark: Any objectors on that item? Hearing none, cast a unanimous ballot.
Ms. Dougherty: Thank you.
Mayor Clark: Mr. Gort and myself moved it.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY MAYOR
CLARK, ITEM PZ-10 WAS CONTINUED TO NOVEMBER
17 FH BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mr. Sergio Rodriguez (Assistant City Manager): That is a continuance to December 1st, or it's a
deferral?
Ms. Dougherty: Deferral until... I'd like it on the... November 17th, if that's possible.
Mr. Rodriguez: November 17th.
Mayor Clark: All right.
217 October 27, 1994
----------------------------------- ----------------------------------------------------------------------------
64. BRIEF COMMENTS BY JACK TAFFER (APPELLANT) INFORMING THE
COMMISSION THAT HE HAS REACHED AGREEMENT WITH APPELLEE
IN CONNECTION WITH HIS APPEAL OF ZONING BOARD'S GRANTING
OF VARIANCE TO PERMIT ADDITIONAL HEIGHT FOR PROPOSED
ADDITION TO PROPERTY AT 2238 SOUTH MIAMI AVENUE. (Applicants:
Emmanuel & Naomi Nwadike. Appellants: Jack & Susan Taffer) (See label 69)
Mayor Clark: Yes, sir.
Mr. Jack Taffer: Mr. Mayor, I have filed an appeal in PZ-7.
Mayor Clark: Name and address for the record.
Mr. Taffer: My name is Jack Taffer, 2208 South Miami Avenue. I have agreed with the
appellees in this matter in regard to a clarification and a change in their zoning...
Mayor Clark: That's PZ-7?
Mr. Taffer:... zoning application.
Mayor Clark: PZ-7?
Mr. Taffer: Yes. After meeting last night with the appellees and their attorney, as well as with
the Miami Roads Association, the appellees have agreed to modify their building plans to reduce
the height of the construction from thirty-four point two to thirty-two point ten inches, and they
will so make arrangements with the Planning Board.
Mr. Joel Maxwell (Assistant City Attorney): You would have to take that item up, Mr. Mayor,
and then deal with the settlement.
Mayor Clark: OK. Well, we can't hear it, can't take action on it. All right. Fine.
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor.
Commissioner Gort: You have to take action. You have to be heard.
Mr. Rodriguez: Also, items PZ-11 and PZ-12 are withdrawn.
Mayor Clark: Eleven and 12 are withdrawn. When we get to them, remind us of that, will you?
Mr. Rodriguez: Yes, sir.
Commissioner Gort: Are there any left?
Mr. Rodriguez: Eleven and 12.
Commissioner Gort: Yeah. We have any left?
[ITEM PZ-7 WAS TAKEN UP LATER. SEE LABEL 69]
218 October 27, 1994
----------------------------------------------------------------------------------------------------------------
65. (A) READOPT RESOLUTION 94-597, WHICH AMENDED A
PREVIOUSLY APPROVED DEVELOPMENT ORDER (R 83-695) --
FOR THE BRICKELL SQUARE PROJECT, PHASE 1 (801-999
BRICKELL AVENUE), A DEVELOPMENT OF REGIONAL IMPACT
AND A MAJOR USE SPECIAL PERMIT (PURSUANT TO
ORDINANCE 9500). (Applicant: Equitable Life Assurance Society of
the United States.)
(B) READOPT RESOLUTION 94-598, WHICH AMENDED
PREVIOUSLY APPROVED DEVELOPMENT ORDER -- FOR THE
BRICKELL SQUARE PROJECT, PHASE II AND III (845-999
BRICKELL AVENUE), A DEVELOPMENT OF REGIONAL IMPACT
AND A MAJOR USE SPECIAL PERMIT (PURSUANT TO
ORDINANCE 9500). (Applicant: Equitable Life Assurance Society of
the United States.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. We're on number 1 now?
Mr. Sergio Rodriguez (Assistant City Manager): Right.
Mr. Joe McManus: Mr. Mayor and members of the Commission, items PZ-1 and 2 are basically
companion items related to the Brickell Square Projects, phases one, two, and three. The
applic... This Commission has previously acted on these. The applicant wants comfort from this
Commission in doing... If you could... If you could readopt these two resolutions, that would
give that comfort to the applicant.
Mayor Clark: Must you read them into the record? No, I don't think so. Right?
Mr. Joel Maxwell (Assistant City Attorney): They should be officially taken up, and all you
need is a vote at that point.
Mayor Clark: All right. Read them.
Mr. Maxwell: They are resolutions.
Mr. McManus: They're resolutions, Mr. Mayor.
Mr. Maxwell: You need to officially take up item PZ-1, officially take up item PZ-2...
Mayor Clark: Take up 1 right now.
Mr. Maxwell:... motions on it, and vote.
Vice Mayor Dawkins: Move 1.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot with no exception.
219 October 27, 1994
f41*1
0
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-786
A RESOLUTION READOPTING RESOLUTION NO. 94-597, ADOPTED JULY
26,1994, WHICH AMENDED A PREVIOUSLY APPROVED DEVELOPMENT
ORDER (RESOLUTION NO. 83-695) FOR THE BRICKELL SQUARE PROJECT,
PHASE 1, LOCATED AT APPROXIMATELY 801-999 BRICKELL AVENUE,
MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO
SECTION 380.06, FLORIDA STATUTES, AND A MAJOR USE SPECIAL PERMIT
PURSUANT TO ZONING ORDINANCE NO. 9500; DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PLANNING, BUILDING AND
ZONING TO TRANSMIT A COPY OF THIS RESOLUTION AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS:
ABSENT:
Mayor Clark: PZ-2.
Vice Mayor Dawkins: Move it.
Commissioner Gort: Second.
None.
Commissioner J. L. Plummer, Jr.
Mayor Clark: Any exception? Any discussion? Cast a unanimous ballot.
220 October 27, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-786.1
A RESOLUTION READOPTING RESOLUTION NO. 94-598, ADOPTED JULY 26,
1994, WHICH AMENDED A PREVIOUSLY APPROVED DEVELOPMENT ORDER
(RESOLUTION NO. 83-1060, AS AMENDED BY RESOLUTION NOS. 89-410 AND
92-597) FOR THE BRICKELL SQUARE PROJECT, PHASE II AND III, LOCATED
AT APPROXIMATELY 845-999 BRICKELL AVENUE, MIAMI, FLORIDA, A
DEVELOPMENT OF REGIONAL IMPACT, PURSUANT TO SECTION 380.06
FLORIDA STATUTES, AND A MAJOR USE SPECIAL PERMIT PURSUANT TO
ZONING ORDINANCE NO. 9500; DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF PLANNING, BUILDING AND ZONING TO
TRANSMIT A COPY OF THIS RESOLUTION AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner J. L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
66. DENY PROPOSED RESOLUTION TO CLOSE J VACATE / ABANDON /
DISCONTINUE PUBLIC USE OF 13 AVENUE (WEST) FROM S. VENETIAN
WAY TO N. VENETIAN WAY AS A CONDITION FOR APPROVAL OF
TENTATIVE PLAT NO. 1463-A (SAN MARCO KEY SUBDIVISION) AT
1316 N. VENETIAN WAY, SUBJECT TO REQUIREMENTS. [Applicant:
John A. Turchin for R.D. Development.]
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-3.
Vice Mayor Dawkins: That's not the same thing.
Mr. Jim Kay: Mr. Mayor and members of the Commission, PZ-3 is a public hearing item for the
abandonment, vacation and closure of Northeast 13th Avenue on San Marco Island, between
North Venetian Way and South Venetian Way, in conjunction with the plat, San Marco Key
Subdivision, tentative plat number 463-A. The Public Works Department...
Commissioner De Yurre: OK. Mr. Mayor, excuse me. I have to abstain from this vote because
I'm involved in this situation.
221 October 27, 1994
0
,x
y6"E*
Mayor Clark: All right. OK.
Mr. Kay: The Public Works Department and the Plat and Street Committee have reviewed the
tentative plat of San Marco Key Subdivision, and have determined that all technical
requirements in the City Code subdivision regulations have been met. The Plat and Street
Committee has approved the tentative plat, and also, the vacation, abandonment, and closure of
Northeast 13th Avenue was reviewed for its public interest requirements by the Plat and Street
Committee, and found that...
Commissioner Plummer: Is this PZ-3? Excuse me.
Mayor Clark: You're recommending it be closed?
Mr. Kay: Yes, sir.
Commissioner Plummer: Wait, wait a minute. He's talking about 13th Avenue.
Mr. Sergio Rodriguez: Yeah. This is in Marco Island.
Mr. Kay: Northeast 13th Avenue.
Commissioner Plummer: My thing says 1316 North Venetian Way. I don't know what 13th
Avenue. Is that Northeast 13th Avenue?
Mr. Rodriguez: No, sir. Look at your page number three of your package and it will show you...
Commissioner Plummer: Let me see your... Well, here.
Mayor Clark: Where it's at... Each one of those have a different designation, because the
islands are different. Who's the objector on this?
Commissioner Plummer: Where is it?
Mayor Clark: Who's everybody?
Commissioner Plummer: Yeah.
Mayor Clark: Do you have a spokesperson?
Unidentified Speaker: We have four.
Mayor Clark: Four. Wait a minute. You only need one.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORDED.)
Mayor Clark: Oh. You know when to hold and when to fold, don't you?
Commissioner Plummer: Yeah.
Mayor Clark: OK. If you're against it, you're against it. Just say that and let's get moving on.
The neighborhood don't want it, they don't want it.
Mr. Kay: That completes the staff presentation.
222 October 27, 1994
Mayor Clark: Staff wants to do what?
Mr. Kay: That completes the staff presentation.
Mayor Clark: Oh, good. It wasn't very strong, either. Now, we'll find out what the orange
lapels are.
Commissioner Plummer: No, he's on the other side.
Mayor Clark: Are you in favor of it, sir?
Commissioner Plummer: It's his application.
Mayor Clark: All right. You go ahead. Boy.
Commissioner Gort: It's being appealed.
Commissioner Plummer: Huh? Is this an appeal?
Mr. Rodriguez: No, I'm sorry, no.
Commissioner Plummer: No, it's not.
Mr. Joel Maxwell (Assistant City Attorney): No, this is not an appeal.
Commissioner Plummer: No.
Mayor Clark: All right. Let him speak. Give us your name and address for the record.
Mr. Robert David: OK. Thank you. My name is Robert David. I'm an architect/planner, 940
Lincoln Road, Miami Beach, formerly planning director for the City of Miami Beach; formerly,
also, director of economic development for the City of Coral Springs. We're here seeking your
approval for the closure of 13th Avenue West on San Marco Island. If I can, I'd like...
Mayor Clark: Point that out on the map.
Mr. David: I'm representing Mr. John Turchin, who owns this property, and to put it into
perspective, coming from Miami across the Venetian Causeway, you come across first Biscayne
Island, and then San Marco Island. In the center of San Marco, these lots that are designated
here, four across this way, and one here, have been acquired by Mr. Turchin, who wishes to
proceed to develop them. He came to me and asked, you know, what was the best way to go
about this. He had five lots, and as you can see, the configuration is such where if he proceeded
to develop, as they are, using our present zoning regulations, as they stand now, in addition to
the five that you see here, this could be reshaped to build seven lots, meeting all of the
requirements of the subdivision standards, and, in fact, requiring no variances, or no special
exceptions, or anything. However, we would have ended up with a single like island shaped
house, located separate from the main body, which, as you can see in this picture, this is, right
now, one integral parcel. There is no division. And the road that we're requesting for closure, in
fact...
Mayor Clark: On the map, where is 13th Avenue?
Mr. David: It's this area right here. In here, it's this grassy area that you see. In fact, see, this
road has never been built. And as the staff has indicated in their report, this is not a road that is
223 October 27, 1994
needed for any type of utility purposes or otherwise, and that, therefore, have recommended in
favor of the closure. However, as I said, rather than doing this, in keeping with very good
planning principles, and, in fact, recognizing the importance of preservation, we recognize that
Venetian Way, both north and south, have been designated as historic ways. It does not apply to
the roads in between. It does not apply to any of the land in between. It applies only to these
two corridors. In keeping with that, as well as good planning principles, I recommend to the
developer to, in face`, keep this as one integral parcel, and, in fact, using this format here, develop
it so that when we ch)sv the street here that's shown with the cross hatching, to close that, to
keep it as one parcel, but, in fact, rededicate back out where the existing road is now. There is a
small road which is called 13th Court, to go ahead and add back to that, to make it a... actually, a
standard road. Right now, that's only a thirty-foot right-of-way, which is substandard. Fifty foot
is the minimum standard for your existing subdivision regulations. So they've agreed to do that.
So closing this, and adding this over here, would reestablish this in a compatible way, and
provide the development of this as a single parcel. So contrary to many of the appeals that you
may hear, that's the primary objective of the developer; not to build apartments, or hotels, or
townhouses, or anything of that sort; single-family detached housing, in a manner that's
compatible with the surrounding neighborhoods. There's been complaints that, well, they're
going to put three-story high-rise type of single buildings here. The flood elevation here is only
nine feet. The road is at five feet. By just going up a small amount, you could begin your first
floor, and this would be nothing more than a typical, if anything, two-story type development,
not incompatible with anything that's presently there. One of the other concerns that's been
raised is the fact that we would have additional driveways coming out on North and South
Venetian Way. The fact is, there would only be two on each side, which would have absolutely
no impact on the traffic that's there now. When you consider the amount of traffic, two cars in
each... These are one-way pairs, by the way, so it's not like you have two-way traffic.
Mayor Clark: I think you've explained it very well. Let's see what the opposition has in mind.
If you want a moment of rebuttal, you can have that.
Mr. David: OK. If I could, if I could just reserve time for concluding comments.
Mayor Clark: You'll have a minute rebuttal. Go ahead.
Mr. David: Could I ask Mr. Turchin to just say a few words, before we hear the other side?
Mayor Clark: If you'd like to.
Mr. John Turchin: Good evening. My name is John Turchin. I live on DiLido Island in the
Venetian Causeway. I've lived there since 1979, born in Miami Beach here. My intent, I'll
make it real quick, is to build a quality single-family residence, in the same nature as the
Mediterranean style house that is in the neighborhood right now. I'm not looking for any
variances from the City for any... any change in the structure at all. I just want to build some
quality single-family homes. The sole intent of my application is strictly for a better planned
neighborhood, and that was it.
Mayor Clark: You're not building a home for yourself. This is speculation, right?
Mr. Turchin: Yes.
Mayor Clark: OK. Thank you, sir.
Mr. Turchin: Thank you.
Mayor Clark: All right. Let's hear from the attorney.
224 October 27, 1994
Mr. John Shubin: Mr. Mayor and members of the Commission, my name is John Shubin. I'm
an attorney with offices at 46 Southwest 1st Street in the City of Miami. I'm here tonight
representing the individual homeowners who reside in San Marco Island, many of whom are
here today, and I'd like them to stand up and have themselves recognized.
Mayor Clark: Good for the exercise. Good for the circulation. Thank you.
Mr. Shubin: All of these homeowners, for the record, are in opposition to the proposed vacation
of the right-of-way.
Mayor Clark: All right.
Mr. Shubin: It's very important, first of all, to define a few terms, and clarify some statements
that were made by the applicant. What you are looking at here is the original plat of San Marco
Island. You can see the four designated lots, 5, 6, 7, 8, and this median, this unnumbered lot or
remnant, whatever the term of art may be, to which Mr. Turchin or his predecessor in interest
have acquired title. This is the amended plat from 1935, I believe, and in the amended plat, you
can clearly see the same designation. But what's most interesting is, this median is clearly
designated as Northeast 13th Court. In fact, if you look in your package and you see the staff
analysis, the staff analysis makes reference to Northeast 13th Court. Nowhere on the plat or the
amended plat is there any mention, whatsoever, of Northeast 13th Avenue.
Mayor Clark: Well, this is a federal case.
Mr. Shubin: Again, we're looking at the 1984 aerial survey for the City of Miami, which
designates this area, and also designates it as Northeast 13th Court. To the best of my
knowledge, there is absolutely no reference on the City of Miami survey to a Northeast 13th
Avenue. I have reviewed the public records. I have not seen any type of designation or
rededication of any individual street to be designated as Northeast 13th Avenue. All we have is
Northeast 13th Court, which is set forth in the plat - excuse me - in the amended plat. Now, why
is this important? This is important for a number of reasons. This is important because in
1939... And I'm going to introduce into evidence the abstract of title for this unnumbered lot. In
1939, there was a dedication from the receiver of the original grantor to the individual
homeowners of San Marco Island. And in that dedication, those roads which were platted were
dedicated to the residents of San Marco Island. Accordingly, as a matter of law, what the
residents have, the people that are here before you today and oppose this application, is an
easement. They have an easement in Northeast 13th Court. They have an easement around the
center of the donut. It is an easement, and Mr. Turchin's property is in the center of the
easement. Now, that is important for a legal reason. It's important because this board cannot
extinguish the easements of these people that are here before you today without their consent. I
believe that that's set forth in your Code, and I also believe that it's set forth as a matter of law.
These people... And I will also read their opposition into the record, through petitions and
referenda. They are categorically refusing to have their easement in this public right-of-way
extinguished. Now, there's another argument, and I want to anticipate it. There's an argument
that may be made that this has been abandoned, that this area has been abandoned. Well, I don't
think there has been any showing through competent evidence of an abandonment, and if there
were an abandonment, it would still compel that you all vote against the vacation, because as a
matter of law, and I will submit the cases to the City Attorney. In the event that there were an
abandonment of any right-of-way, the abutting property, 1, 2, 3, 4, would take the property to the
center line. And this is important, because they would then become abutting property owners,
and your Code also requires that the abutting property owners sign off on the proposed vacation
of the right-of-way, or on the plat. As I have said to you, they do not sign off. In fact, the
categorically oppose the vacation.
225 October 27, 1994
Mayor Clark: OK. You've made your point.
Mr. Shubin: I need one other point, for the record.
Mayor Clark: All right.
Mr. Shubin: And that is, if you forget about all the legal arguments that I've raised, and about
the arguments set forth in your Code, there are two other considerations that you have to
observe. The first is, the HEP (Historic and Environmental Preservation) Board specifically
found that the vacation of this right-of-way was not in the public interest. That is a clear
requirement of your ordinance, and I would suggest to you that that is competent and substantial
evidence. And finally, even if you ignore the arguments that I've made to you, take a look at the
plat and the amended plat. Even if you take the position that Mr. Turchin has the ability to close
off the right of way, clearly, that cannot extent to North Venetian Way and to South Venetian
Way.
Mayor Clark: You're right. You're right. OK.
Mr. Shubin: And, very briefly, I've asked some of the neighbors to speak.
Mayor Clark: Just briefly. Just... They all agree with you, I'm sure of that. There's not sense to
run this in the ground.
Mr. Michael Buckner: You're right. My name is Michael Buckner, and I reside at 1347 North
Venetian Way, and have for about the last year. As you can see from that, the San Marco Island
was designed with perfect symmetry, with standards for density, and with concern for the public
safety, all of which will be neutralized by this radical and unprecedented change in the island.
We are opposed.
Mayor Clark: You're on target. Thank you.
Commissioner Plummer: Mr. Mayor, I don't think...
(APPLAUSE)
Commissioner Plummer: I don't think, in accordance with our tradition or our bylaws, that
anybody has been sworn in that's testified. I think they should be.
Mayor Clark: Well, just raise your right hand and be sworn by the clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Dr. Stephen Horwitz: I'm Dr. Stephen Horwitz. I live at 1300 South Venetian Way. I agree
with everything that has been said by Mr. Shubin and the gentleman before me, but I'd like to
point out one other issue that is of great concern to me, and I'd like to point out on the board
here, for a second. One issue that should be made clear, that as the applicants have
rediagrammed the distribution of the lots on this piece of land, they will have four driveways
emptying onto North and South Venetian Way, which are major crossroads between Miami and
Miami Beach.
Mayor Clark: Not crooked there. I understand.
226 October 27, 1994
oii,AA
Dr. Horwitz: There is... The major... The road goes adjacent to their driveway. There is an
access road for those of us who live on the perimeter so that we may enter and leave our
properties without impairing the safe flow of traffic.
Mayor Clark: You come around that corner doing fifty miles an hour, you're liable to drive that
guy back into the next island.
(APPLAUSE)
Dr. Horwitz: Yes, Mr. Clark. Thank you.
Mayor Clark: OK. Thank you. Is that the consensus of opinion? You want to let this man have
a minute or two of rebuttal?
Mr. Shubin: These people have been very patient.
Mayor Clark: All right. Go ahead.
Commissioner Plummer: Mr. Mayor, can we ask, while all of these people have spoke, the City
Attorney, I'm going to be asking the question about the legal matter that we don't have the right
to close this street, so be prepared to answer that when they're finished.
Mr. George Tortorelli: Good evening. My name is George Tortorelli, and my wife and I,
Rosalind, reside directly across the street from this lot at 1499 Northeast 13th Court. And when
we bought this house eighteen years ago, we bought it because there was some green space. And
the green space is now almost totally evaporating. If Mr. Turchin goes ahead with his plans,
we're going to alter the uniqueness of this island completely. It will never be the same again,
plus the fact that it's the only safe haven where children and people can walk on that island,
because cars just race up and down. So we're opposed, also.
Mayor Clark: Thank you.
Mr. Tortorelli: Thank you.
(APPLAUSE)
Mr. Alberto Fernandez Orondo: Good evening. My name is Alberto Fernandez Orondo. My
home address is 1520 Northeast 13th Place. I have lived on this address for over twenty years.
My children grow up and playing on the park that all was want to keep it like it is. My reason
presented here today is to... and the Commission is to help us to save the park, ask the
Commission to help the park as it was before. I will love to see my grandchild play where my
family, such as a wonderful time many years ago. My children, like I say, grow and play on this
park, that we all want to keep it like it is.
Mayor Clark: Thank you, sir.
Mr. Fernandez Orondo: Thank you.
(APPLAUSE)
Ms. Wyn Morris: My name is Wyn Morris. I live at 1278 South Venetian Way, and I want to
thank you all for your patience in listening to all of us. I did want to mention, in case anybody
didn't get to see the newspaper today that there was a story about our causeway in the paper, that
227 October 27, 1994
t�
r
we are being nominated and we are a strong candidate for Scenic America, being... determining
the Venetian Causeway as one of the ten most beautiful roadways in America. And if we alter
this in any way, we will not be historically designated any longer.
Mayor Clark: Thank you, ma'am. Thank you.
Ms. Morris: And thank you.
(APPLAUSE)
Mayor Clark: Yes, sir.
Mr. Edward Blumberg: Good evening. My name is Edward Blumberg. I'm an attorney -at -law,
and my office is at 100 North Biscayne Boulevard. I own property on San Marco Island,
although I don't live there right now. I feel so strongly about it. This is a very previous island.
Over the years, we've had this type of application before. You've always supported us in the
past. You've recognized how unique and wonderful this is, and how the neighbors are so
cohesive who do not want it. We appreciate your continued support.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Mr. Shubin: In conclusion, I simply... OIL.
Mr. John H. Duhig: I'm John H. Duhig, 1295 South Venetian Way, right next to this property.
We have the same border. And I've been there now for how long?
Mayor Clark: A hundred years.
Mr. Duhig: A hundred years, yes.
Mayor Clark: I remember you being there.
Mr. Duhig: You remember. I've been there for thirty-two years, and I love that island, and I
want it kept that way.
Mayor Clark: All right, John.
Mr. Duhig: And I agree with everybody and I don't want to take up any more of your time.
Mayor Clark: Appreciate it.
Mr. Duhig: Thank you for the time that you have given me.
Mayor Clark: Thank you, John.
(APPLAUSE)
Mr. Shubin: Now, lastly, I have to spend about fifteen seconds doing my legal work, or I get
disbarred. I need to introduce into evidence the abstract of title for the unnumbered lot, and in it,
I have specifically tabbed dedication of the streets to the property owners. And I am also
moving into evidence support letters on behalf of the designation of the Venetian Causeway, and
also a copy of the certificate recognizing it in the National Register of Historic Places.
228 October 27, 1994
Mayor Clark: All right. Thank you, sir. All right. You've got a moment of rebuttal over here.
No new evidence, just whatever they said, that's all.
Mr. David: Thank you very much, Mr. Mayor. The argument as put forth, I don't feel sustained
the position that they are reporting. There... Nowhere on this plat is that road indicated as an
easement. It is clearly a right-of-way. The landowner on each side of the right-of-way, by law,
has the right to request and petition closure. That is what we have before you today. This matter
has come before your Planning and Zoning... your Planning Board... excuse me, the Zoning
Board, where it was reviewed by the City, the attorney... City Attorney's Office, at that point. It
has also gone before the Department of Public Works. They've reviewed the plat, we have
submitted preliminary plats, there's been extensive review of this. So I submit that 13th Court,
whatever the name may be, and now I do see it indicated on there, is specifically a right-of-way,
and is not listed or mentioned as an easement.
Mayor Clark: All right. Thank you for your presentation. The public hearing is closed.
Commissioner Plummer: The question I have again to the City Attorney, you've heard Mr.
Shubin say that that the owner of those properties are not Mr. Turchin or the City, but that of the
property owners, and as such, this Commission has no right to close that. So I'm asking you
your legal opinion on that.
Mr. Maxwell: I can't respond as to who the owners of the property are at this particular time,
having not personally reviewed the abstract, and as far as I know, our office has not reviewed
that abstract, so that's something we would have to do before I could answer that question. But I
submit to you that the question before you is whether or not, and that's the only criteria you have
for making the decision on the street closure, whether or not the closure of that street is in the
public interest or not, and that's the decision you have to make, based on the evidence that's
been tendered to you tonight. If there is a legal question regarding ownership of the property,
reversionary interest, or anything like that, that's a legal question that would have to be resolved
between the potential complainant or parties here. They would have to resolve that in court.
That would not be an issue for the City to get involved in.
Commissioner Plummer: And the Planning Department recommended approval?
Mr. Rodriguez: Public Works Department. This is not something that goes through the
Planning Department.
Commissioner Plummer: Well, who recommended approval?
Mr. Kay: Public Works did.
Commissioner Plummer: OK.
Mr. David: The Plat and Street Committee.
Mr. Kay: And Plat and Street Committee.
Commissioner Plummer: OK.
Mr. David: And the Zoning Board.
Commissioner Plummer: And in your approval, what justification for public purpose do you feel
was being served?
229 October 27, 1994
Mr. Kay: If you will allow me to get the Code, there are four questions that are asked.
Mayor Clark: Oh, just what... we'll be here all night.
Commissioner Plummer: No, I'm not trying to do that. I'm just trying to establish... I think
they've got to make more of a case to establish public purpose.
Mr. Maxwell: If I may, Mr. Mayor. One of the points that was just raised was that the - and it's
correct - he's saying, Mr. Shubin is saying that the abutting property owners have to give
consent, as well as everyone with an interest in the property.
Mayor Clark: That's right.
Mr. Maxwell: As far as we can determine, at this time, based on the application that was filed
with the City, those requirements have been complied with. What Mr. Shubin is saying is that
there are other property owners who may have an interest. That's not something for the City...
As far as we can tell, the requirements have been complied with. I£ Mr. Shubin's clients feel that
they have not, after the City acts on this matter, they can take that up with the courts.
Mayor Clark: They're going to build a federal case out of this.
Mr. Kay: The public interest questions are found in 54.5-16 of the Code. Quickly, I will read
them. The first question is, "Is it in the public interest, or would the general public benefit from
the vacation of the rights -of -way or easements?" And that was a question that was answered
neither in the negative or in the positive, as I recall from the meeting. In fact, there was no
negative response to any of these questions.
Mayor Clark: Well, listen, you got an answer there tonight.
Mr. David: Mr. Mayor, it was indicated in the positive at the hearing.
Mr. Kay: At the Plat and Streets Committee meeting.
Mr. David: And we have bases for that.
Mr. Shubin: The Heritage Preservation said it was not in the public interest.
Mr. David: The Planning - excuse me - the Zoning Board specifically agreed that it was.
Mayor Clark: Please, please, no more. That's elementary, Watson. I want to make a motion
right now that the petition be denied. Let's get moving on with this. Is there a second? I've
heard enough. Is there a second?
Mr. Maxwell: Mr. Mayor, are you finding that it is not in the public interest, you agree?
Mayor Clark: Absolutely. It's not in the public interest.
Commissioner Gort: Mr. Mayor, let me tell you.
Mayor Clark: This is not a homeowner. This is a development.
Commissioner Gort: Most of the time, I'd be in favor of closing the streets, because we can put
it back into the tax roll and get some tax on it, but in this property, unfortunately, there's no way
230 October 27, 1994
it can. This changes the whole structure of the island, and unfortunately, there is no way I can
vote for this, so I will second your motion.
Mayor Clark: Call the roll. Miller.
The following motion was introduced by Mayor Clark, who moved its adoption:
MOTION NO. 94-787
A MOTION TO DENY AGENDA ITEM PZ-3 (PROPOSED CLOSURE OF 13TH
AVENUE [WEST) FROM SOUTH VENETIAN WAY TO NORTH VENETIAN WAY
AS A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1463-A, "SAN
MARCO KEY SUBDIVISION" FOR PROPERTY LOCATED AT 1316 NORTH
VENETIAN WAY).
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSTAINED: Commissioner Victor De Yurre
ABSENT: None.
Mayor Clark: Call the next item.
(APPLAUSE)
231 October 27, 1994
No
------------------- ------------------------------------------------------------------------------------------
67. (A) SECOND READING ORDINANCE: AMEND 10544 (MCNP)
FUTURE LAND USE MAP -- CHANGE LAND USE DESIGNATION
AT 3629 N.W. 20 COURT FROM MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL TO GENERAL COMMERCIAL.
(Applicant: Ameriland Enterprises, Inc.).
(B) SECOND READING ORDINANCE: AMEND 11000 ATLAS --
CHANGE DESIGNATION AT 3629 N.W. 20 COURT FROM R-3
MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-2
LIBERAL COMMERCIAL. (Applicant: Ameriland Anterprises, Inc.).
Mr. Sergio Rodriguez (Assistant City Manager): Items PZ-4 and PZ-5 are second readings. Mr.
Mayor, items PZ-4 and PZ-5 are second readings.
Mayor Clark: What is it?
Mr. Rodriguez: Items PZ-4 and PZ-5 are related, and they are second readings to amend the...
Commissioner Plummer: Move Item 4.
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot. PZ-5.
Mr. Joel Maxwell (Assistant City Attorney): An ordinance... I have to read the title, Mr. Mayor.
Mayor Clark: OK.
Commissioner Plummer: Call the roll.
Mayor Clark: Are you the applicant? PZ-5?
Mr. Luis Padron: Luis Padron, the attorney, with offices at 28 West Flagler Street in Miami,
Florida. 1 represent the applicant, Ameriland Enterprises, Incorporated, Mayor.
Commissioner Plummer: Have you been sworn in, sir?
Mr. Padron: I don't believe I have, no.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Are there objectors?
Mayor Clark: Is this the recommendation? Is there objection on this item?
Mr. Rodriguez: Not that we know of.
Commissioner Plummer: I moved it already.
232 October 27, 1994
Vice Mayor Dawkins: And it was seconded.
Mayor Clark: Cast a unanimous ballot. Next item.
Vice Mayor Dawkins: Item 5?
Mayor Clark: Five... It's 6.
Ms. Matty Hirai (City Clerk): It's an ordinance.
Commissioner Plummer: Wait, It's an ordinance. You got to call the roll call.
Vice Mayor Dawkins: Well, he read the first...
Ms. Hirai: Yes, it has to be read.
Mr. Maxwell: That was 4. Item 5 is now.
Vice Mayor Dawkins: Well, read 5.
Commissioner Plummer: Whoa, wait, wait. Now, let's don't rush too much. On ordinances,
don't you have to call the roll?
Mr. Maxwell: Yes, sir.
Vice Mayor Dawkins: We called... Didn't you call the roll?
Ms. Hirai: Yes, but he had not read it.
Vice Mayor Dawkins: Huh?
Commissioner Plummer: I didn't vote on it.
Vice Mayor Dawkins: The Mayor said...
Ms. Hirai: I did call the roll, sir, yes.
Commissioner Plummer: On 4?
Ms. Hirai: Yes, sir, I did.
Vice Mayor Dawkins: Wake up.
Commissioner Plummer: Well, for the record, would you show me voting yes. Thank you.
Mayor Clark: I voted yes.
Ms. Hirai: Yes, sir.
Mayor Clark: I voted yes first. So you kept calling... He was ahead of the meeting.
Commissioner Plummer: I moved the item.
233 October 27, 1994
so
Ms. Hirai: Yes.
Mayor Clark: All right. It's been seconded. Roll call. Call the roll again for the fun of it.
Commissioner Plummer: Yes, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3629 NORTHWEST 20TH COURT, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE LAND USE
DESIGNATION FROM MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO
GENERAL COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of September 22, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11193.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Mayor Dawkins: What did you say, J.L.?
Commissioner Plummer: I said I'm hard of hearing, that's what I said.
Mayor Clark: Well, how about PZ-5?
Commissioner Plummer: I move it. It's part of the same.
Mr. Maxwell: And ordinance amending the Zoning atlas... Do you have a second on that, Mr.
Mayor?
Vice Mayor Dawkins: Second.
Mayor Clark: All right. Call the roll.
234 October 27, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL TO C-2 LIBERAL COMMERCIAL FOR THE
PROPERTY LOCATED AT 3629 NORTHWEST 20TH COURT, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of September 22, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Plummer,
seconded by Vice Mayor Dawkins, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11194.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
68. SECOND READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 2515 S.W. 7 STREET
FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL.
(Applicant: Planning, Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Move 6.
Commissioner Plummer: OK. I'm going to second 6, but I got a... I have a concern to express.
Sergio.
Mr. Sergio Rodriguez (Assistant City Manager): Yes, sir.
Commissioner Plummer: This street is coming out of the bank, I assume. Is that correct?
Mr. Rodriguez: I don't follow you.
Commissioner Plummer: This here, to change it from a residential to commercial.
235 October 27, 1994
Mr. Rodriguez: Right.
Commissioner Plummer: It's part of the bank property.
Ms. Lourdes Slazyk: No. It's private.
Mr. Rodriguez: No. It's a separate property that was left out when we did the whole property.
Commissioner Plummer: Is it contiguous to the bank property?
Mr. Rodriguez: It is contiguous to the property, I believe, of the Community College.
Commissioner Plummer: All right. I am concerned about ingress and egress onto 7th Street. It
is jammed up now, and it can only get worse by changing it to a commercial designation.
Mr. Rodriguez: If I may refer...
Commissioner Plummer: I would like to, some way or another, limit the ingress and egress of
that property.
Mr. Rodriguez: Sir, there is only one lot by itself.
Mayor Clark: And you got to come in by helicopter.
Ms. Slazyk: It already has...
Commissioner Gort: My understanding...
Commissioner Plummer: The problem is that bank, the parking lot of that bank is chaos.
Commissioner Gort: Excuse me. My understanding, this was in front of us a long time ago as
the whole plan...
Mr. Rodriguez: Right, right.
Commissioner Gort: ... except this individual, for some reason, did not want to be part of that
presentation.
Ms. Slazyk: Right. He didn't want to be part of GI (government/institutional).
Commissioner Plummer: Willy, Willy, I have no problem of changing it. My area of concern is
7th Street, somewhat, is a super highway. The... emptying that parking lot of the bank, emptying
out of 27 Building congests that - I understand that - congests that thing up something awful. So
I'm just hoping that some consideration will be given, in fact, to that.
Mr. Rodriguez: OK.
Mayor Clark: All right. Call the roll.
Commissioner Plummer: That's all I'm saying, for the record.
Mr. Maxwell: I have to read the title, Madam Clerk.
Commissioner Plummer: Are we on 6 now?
236 October 27, 1994
N
Mr. Maxwell: Six.
Mayor Clark: Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PI.,AN 1989-2000, FOR THE PROPERTY LOCATED AT 2515
SOUTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE LAND USE DESIGNATION FROM
SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading by title at the meeting of September 22, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Dawkins,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Victor De Yurre
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11195.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
69. (Continued discussion) AFFIRM ZONING BOARD'S GRANTING OF
VARIANCE TO PERMIT ADDITIONAL HEIGHT FOR PROPOSED
ADDITION TO PROPERTY AT 2238 S. MIAMI AVENUE, ZONED R-1
SINGLE FAMILY RESIDENTIAL, SUBJECT TO CONDITIONS. (Applicants:
Emmanuel & Naomi Nwadike.) (See label 64)
-------------------------------------------------------------------------------------------------------
Mayor Clark: Item 7. Now you're back up again, Jack.
Commissioner Plummer: This is an appeal.
Vice Mayor Dawkins: What is it?
Mayor Clark: Who is the appellant?
237 October 27, 1994
Mr. Jack Taffer: I am, Your Honor.
Mayor Clark: Jack Taffer, for the record. What's the story?
Mr. Taffer: Your Honor... Mr. Mayor, Mr. Vice Mayor...
Commissioner Gort: He has to be sworn in.
Mayor Clark: He was sworn a while ago. He raised his hand. Didn't we swear you in?
Mr. Taffer: Swear me again.
Commissioner Plummer: Especially lawyers.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: This is aside setback, is what you're talking about? Height?
Mr. Taffer: No. This is a height change. I have met with the appellee, which is my adjoining
party.
Mr. Richard Dansoh: For the record, my name is Richard Dansoh, D-A-N-S-O-H. I have my
law office on 2800 Biscayne Boulevard, and I represent the appellee, Dr. Nwadike.
Mayor Clark: Thank you. Thank you. You've withdrawn your...
Mr. Taffer: No, no, it's mine.
Commissioner Plummer: Wait. Who are you representing, sir?
Mr. Dansoh: I represent the applicant and the appellee, who was sustained at the Zoning Board.
Mr. Taffer: I filed the appeal.
Mr. Dansoh: And he is the appellant.
Mr. Taffer: I filed the appeal, Commissioner Plummer.
Commissioner Plummer: I hear that, but I'm just trying to figure out who he represents.
Mr. Sergio Rodriguez (Assistant City Manager): The owner.
Mr. Taffer: The owner of the property.
Commissioner Plummer: OK.
Mr. Taffer: OK. I have agreed to withdraw the appeal on the condition that they modify their
building plan to reduce the height of the construction from...
Mayor Clark: You want them to reduce the height.
238 October 27, 1994
Mr. Taffer: They want them to reduce it, and they have agreed to do that.
Mayor Clark: Well, what are we here for then?
Mr. Taffer: Well, because I was told by the Zoning Board that you have to officially put it in
as...
Mayor Clark: If you want to get really, really complicated, come to the Miami Zoning
Department. All right.
Mr. Taffer: Well, they told me that I can't withdraw it. You have to deny it, subject to the
following two provisions.
Commissioner Plummer: If you don't show up, we would do it.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mr. Rodriguez: No. You can't.
Mr. Maxwell: The process for you to follow here would be, if you agree to the settlement that's
been proposed, you would affirm the decision of the Zoning Board, which granted the variance,
subject to the conditions that they have agreed to. And I have a copy of those conditions I can
read into the record for you, and the parties can indicate whether or not that's correct. They are
limiting the height to thirty-two feet, ten inches, and they... All right. Number two is, the
appellees, at their own expense, shall create a buffer on the northerly side of the adjacent
property that is owned by the appellants, by supplying and planting four eighteen -foot cabbage
or queen palm trees to shield a view of the appellee's property from the appellant's property. It
is agreed that in the event appellants desire a different tree for the purpose of creating the buffer
and shielding their property, then the appellee shall furnish, as long as... they shall furnish same,
as long as the cost of substitution does not exceed the cost of the palm trees described above.
Mayor Clark: Do you all agree with that?
Vice Mayor Dawkins: Do you agree?
Mr. Dansoh: Yes, Judge.
Mr. Taffer: Yes, sir.
Mayor Clark: Now, what do we do now?
Vice Mayor Dawkins: What's the motion, Mr. City Attorney?
Mr. Maxwell: The motion would be to affirm the decision of the Zoning Board to grant the
variance, subject to the conditions read into the order.
Vice Mayor Dawkins: So move.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
239 October 27, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-788
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
70. CONTINUE (TO DECEMBER 1ST MEETING) CONSIDERATION OF
ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW REDUCTION OF
SIDE YARD SETBACK FOR PROPOSED ADDITION TO AN EXISTING
CAR WASH ESTABLISHMENT AT 3400 S. DIXIE HIGHWAY (ZONED C-1
RESTRICTED COMMERCIAL). (Applicant / Appellant: James Confalone.)
Mayor Clark: How about number 8?
Mr. Sergio Rodriguez (Assistant City Manager): Number 8 was continued to December 1st.
Commissioner Plummer: What happened with 8?
240 October 27, 1994
N
Mr. Rodriguez: It was continued to December 1st.
Commissioner Plummer: Who continued it?
Mr. Rodriguez: You did.
Commissioner Plummer: Oh. When?
Mayor Clark: Earlier.
Commissioner Gort: Earlier this...
Mr. Rodriguez: At the beginning of the meeting.
----------------------------------------------------------------------------------------------------------------
71. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 185 S.E. 14 TERRACE FROM O-OFFICE TO SD-5
BRICKELL AVENUE AREA RESIDENTIAL - OFFICE DISTRICT.
(Applicant: Pointview Towers of Curacao, N.V. [Owner]; St. James Development
[Buyer].)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Dawkins: Number 9.
Mayor Clark: Number 9. What about 9, Sergio?
Mr. Sergio Rodriguez (Assistant City Manager): Number 9, we're going to hear now.
Mr. Joe McManus: Mr. Mayor and members of the Commission, this is an application to change
the zoning at 185...
Vice Mayor Dawkins: The Zoning Board recommends an approval? Move it.
Mr. McManus: The Zoning Board recommended approval. Planning, Building and Zoning
recommends approval. It's a small pie -shaped area on Brickell.
Mayor Clark: Give us your name for the record, that's all.
Commissioner Gort: Make her work for it. She hasn't said a word today.
Ms. Lucia Dougherty: Lucia Dougherty with law offices at 1221 Brickell Avenue.
Mayor Clark: Motion?
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Wait a minute. What about the impact fees?
Mr. McManus: They'd be collected in the usual manner.
241 October 27, 1994
t
Commissioner Plummer: OK.
Mayor Clark: Got to slow me down all the time.
Commissioner Plummer: Nothing extra?
Mayor Clark: No, nothing extra. Cast a unanimous ballot, if you don't have to read it into the
record.
Commissioner Plummer: You can't.
Mr. Joel Maxwell (Assistant City Attorney): This is not... this is item 9, item PZ-9.
Vice Mayor Dawkins: Yeah, read the ordinance.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM O-
OFFICE TO SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE
DISTRICT FOR THE PROPERTY LOCATED AT 185 SOUTHEAST 4TH
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: At this point, agenda item PZ-10 was
continued to November 7th Commission meeting, and agenda
items PZ-11 and PZ-12 were withdrawn.
242 October 27, 1994
----------------------------------------------------------------------------------------------------------------
72. APPROVE 1994-2000 CAPITAL IMPROVEMENT PROGRAM AS A GUIDE
TO CITY AGENCIES, BOARDS AND DEPARTMENTS.
Mayor Clark: Item 13 and 14, are they companions?
Commissioner Plummer: Yes, sir. Tells you at the bottom of the page.
Commissioner Gort: Capital improvement.
Vice Mayor Dawkins: Move it, because he had a book.
Mayor Clark: Yeah, OK.
Commissioner Plummer: Let the record reflect in my second, that, in fact, that this is not cast in
stone. It is something we do every year just to get it started, and we can change this as we need
to.
Mayor Clark: Cast a unanimous ballot, then.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-789
A RESOLUTION, WITH ATTACHMENT, APPROVING THE 1994-2000 CAPITAL
IMPROVEMENT PROGRAM AS A GUIDE TO CITY AGENCIES, BOARDS AND
DEPARTMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
243 October 27, 1994
----------------------------------------------------------------------------------------------------------------
73. FIRST READING ORDINANCE: ESTABLISH APPROPRIATIONS FOR
CITY OF MIAMI CAPITAL IMPROVEMENTS -- CONTINUE / REVISE
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO
BEGIN DURING FY 1994-95 -- REPEAL PROVISIONS OF ORDINANCE
11139 (CIP ORDINANCE FOR FY'93-94) WHICH MAY BE IN CONFLICT
WITH THIS ORDINANCE; ETC.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: How about 14?
Commissioner Plummer: On 14, the same provisions apply.
Mayor Clark: OK. Moved by Mr. Plummer.
Commissioner Plummer: Yes, sir.
Commissioner Gort: Second.
Mayor Clark: Seconded by Mr. Gort. Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF MIAMI
CAPITAL IMPROVEMENTS; CONTINUING AND REVISING PREVIOUSLY
APPROVED SCHEDULED CAPITAL IMPROVEMENT PROJECTS;
ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN
DURING FISCAL YEAR 1994-95; REPEALING PROVISIONS OF ORDINANCE
NO. 11139, AS AMENDED, THE FISCAL YEAR 1993-1994 CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, WHICH MAY BE IN
CONFLICT WITH THIS ORDINANCE; PROVIDING CONDITIONS,
AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY
CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
244 October 27, 1994
IN
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------
74. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 TEXT --
AMEND SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) TO
ALLOW DISCOUNT MEMBERSHIP MERCHANDISERS AS A
CONDITIONAL PRINCIPAL USE IN C-1 RESTRICTED COMMERCIAL
DISTRICT BY SPECIAL EXCEPTION ONLY -- ESTABLISH MINIMUM
PARKING REQUIREMENT BY ADDING TWO NEW "RESERVED"
SECTIONS -- ADD SECTION 944 (DISCOUNT MEMBERSHIP
MERCHANDISERS); PROVIDE DEFINITIONS; ETC. (Applicant: Planning,
Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 15.
Commissioner Plummer: Where is 15? I didn't know we had a 15?
Vice Mayor Dawkins: What about 14? Fourteen was...
Mayor Clark: Yeah, we handled that.
Commissioner Plummer: I thought 14 was the last.
Mayor Clark: Fourteen we just handled.
Commissioner Plummer: Huh?
Mayor Clark: Fourteen we just handled.
Commissioner Plummer: No, what is 15? I...
Mr. Joe McManus: Mr. Mayor, members of the Commission, item PZ-15 addresses facilities
such as Pace Warehouse. These are characterized as discount membership merchandisers. This
legislation would allow these facilities in the C-1 zoning districts as conditional principal uses
with the added restrictions, they would have to have a site size of five acres, and a building area
of fifty-five thousand square feet.
245 October 27, 1994
Mayor Clark: All right.
Vice Mayor Dawkins: I move it with the...
Mayor Clark: No, you got to read it. You got to read it.
Vice Mayor Dawkins: You brought it?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA: BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW
"DISCOUNT MEMBERSHIP MERCHANDISERS" AS A CONDITIONAL
PRINCIPAL USE IN THE C-1 RESTRICTED COMMERCIAL DISTRICT BY
SPECIAL EXCEPTION ONLY, AND ESTABLISHING MINIMUM PARKING
REQUIREMENT; BY ADDING TWO NEW "RESERVED" SECTIONS; BY
ADDING SECTION 944, "DISCOUNT MEMBERSHIP MERCHANDISERS,"
ESTABLISHING APPLICABLE REGULATIONS FOR SAID USE; AND BY
AMENDING SECTION 2502, "SPECIFIC DEFINITIONS, TO PROVIDE A
DEFINITION FOR DISCOUNT MEMBERSHIP MERCHANDISER";
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Dawkins and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: I never did understand these damn places, but...
246 October 27, 1994
OR
---------------- ------------- -----------------------------------------------------------------------------------
75. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 -- AMEND
ARTICLE 9, SECTION 926 (SIGNS; SPECIFIC LIMITATIONS AND
REQUIREMENTS) -- ADD NEW SUBSECTION 926.9 (SIGNS OF HISTORIC
SIGNIFICANCE) -- PROVIDE PROCEDURES FOR EXEMPTING
DESIGNATED SIGNS OF HISTORIC SIGNIFICANCE FROM USUAL SIGN
LIMITATIONS. (Applicant: Planning, Building & Zoning Dept.)
Mayor Clark: PZ-16.
Ms. Sarah Eaton: Mr. Mayor, members of the Commission, Sarah Eaton, Planning, Building and
Zoning. This amendment to the zoning ordinance is being proposed in order to allow for the
preservation of historic signs, such as the Coppertone sign, which once stood on Biscayne
Boulevard, and faces imminent destruction. The Historic and Environmental Preservation Board
would have the responsibility for determining which signs are truly historic. A class two special
permit would then be required to allow the signs to be preserved.
Mayor Clark: This sign.
Commissioner Gort: Move it.
Mayor Clark: Let me tell you a story about this sign. Alice Wainwright...
Commissioner Plummer: Oh, yeah, God rest her soul.
Mayor Clark: ... when she first saw that sign, we were sitting on the Commission together, she
was absolutely livid. "That's the most terrible sign I ever saw. Look at that poor baby there."
Man, we went through that for a month and a half. Christ, it was crazy. Then finally she died,
and they tore the building down.
Mr. Sergio Rodriguez (Assistant City Manager): With time everything looks good, though.
Mayor Clark: Is this an ordinance, Mr. Maxwell?
Mr. Joel Maxwell (Assistant City Attorney): Yes, it is.
Commissioner Plummer: I move it.
Mayor Clark: Read it. All right. Call the roll, Madam Clerk.
247 October 27, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA: BY AMENDING
ARTICLE 9, SECTION 926 „ SIGNS; SPECIFIC LIMITATIONS AND
REQUIREMENTS," BY ADDINGA NEW SUBSECTION 926.9 ENTITLED
SIGNS OF HISTORIC SIGNIFICANCE, AND PROVIDING PROCEDURES FOR
EXEMPTING DESIGNATED SIGNS OF HISTORIC SIGNIFICANCE FROM
USUAL SIGN LIMITATIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
4.
was introduced by Commissioner Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
76. EMERGENCY ORDINANCE: AMEND CODE SECTION 38-45 (RELATING
TO PEDDLING AND VENDING IN CITY PARKS) -- ESTABLISH
CONCESSION PRIVILEGES FOR QUALIFIED NONPROFIT
ORGANIZATIONS THAT OPERATE ONGOING WEEKLY PROGRAMS
FOR YOUTH, ELDERLY AND/OR DISABLED PERSONS IN CITY PARKS --
DESIGNATE SAME AS "NONPROFIT" CONCESSION PERMITS --
CHANGE DESIGNATION OF "TEMPORARY" CONCESSION PERMITS TO
"SPECIAL EVENT" CONCESSION PERMITS -- AUTHORIZE
FORMULATION OF RULES, PROCEDURES AND FEES FOR SPECIAL
EVENT AND NONPROFIT CONCESSIONS IN PARKS BY THE PARKS
AND RECREATION DEPARTMENT DIRECTOR, SUBJECT TO APPROVAL
BY CITY MANAGER AND REVIEW BY CITY ATTORNEY -- REPEAL
INOPERATIVE PROVISIONS PERTAINING TO BEER AND WINE
PERMITS -- CREATE DEPARTMENT NAME; ETC.
Commissioner Plummer: All right. Mr. Mayor... Come here, Dawkins. Don't you run off.
This is the reason I'm here doing this, because of you. An emergency ordinance amending
Section 38-45 of the Code of the City of Miami, as amended, relating to peddling and vending in
City Parks, by establishing concession privileges for qualified nonprofit organizations that
operate ongoing weekly programs for the youth, elderly and/or disabled persons in City parks, by
designating same as nonprofit concession permits, by changing the designation of temporary
concession permits to special event concession permits, and by authorizing the formulation of
rules, procedures and fees for said event and nonprofit concessions in parks by the City Parks
248 October 27,1994
fi�
and Recreation Department Director subject to the approval of the City Manager, and review by
the City Attorney, repealing inoperative provisions pertaining to the beer and wine permits, and
correcting the name of the department as necessary, containing a repealer provision, a
severability clause, and providing an effective date, with the following amendments. First, first
year concession fees will be set at zero by the Parks Department for qualified not for profit
organizations operating programs for youth, elderly and disabled persons in City parks, subject
to annual review. And second, monthly notarized financial statements that were required from
the aforementioned. I so move. Dawkins...
Vice Mayor Dawkins: Second, second, Mr. Plummer.
Commissioner Plummer: You better second it.
Vice Mayor Dawkins: I second it.
Ms. Matty Hirai: Is he going to read the ordinance? Oh, you just read it.
Commissioner Plummer: Yeah, you can have it.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 38-45 OF THE CODE
OF THE CITY OF MIAMI, AS AMENDED, RELATING TO PEDDLING AND
VENDING IN THE CITY PARKS, BY ESTABLISHING CONCESSION
PRIVILEGES FOR QUALIFIED NONPROFIT ORGANIZATIONS THAT
OPERATE ONGOING WEEKLY PROGRAMS FOR YOUTH, ELDERLY
AND/OR DISABLE PERSONS IN THE CITY PARKS; BY DESIGNATING
SAME AS "NONPROFIT CONCESSION PERMITS; BY CHANGING THE
DESIGNATION OF "TEMPORARY' CONCESSION PERMITS TO "SPECIAL
EVENT" CONCESSION PERMITS, AND BY AUTHORIZING THE
FORMULATION OF RULES, PROCEDURES AND FEES FOR SPECIAL
EVENT AND NONPROFIT CONCESSIONS IN PARKS BY THE PARKS AND
RECREATION DEPARTMENT DIRECTOR SUBJECT TO APPROVAL BY THE
CITY MANAGER AND REVIEW BY THE CITY ATTORNEY; REPEALING
INOPERATIVE PROVISIONS PERTAINING TO BEER AND WINE PERMITS;
AND CORRECTING THE NAME OF THE DEPARTMENT AS NECESSARY;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Dawkins, for
adoption as an emergency measure and dispensing with the requirement of reading same
on two separate days, which was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
249 October 27, 1994
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11196.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------- ------------------------------------------------------------------------------------
77. DISCUSSION CONCERNING REGULATION OF BANNERS ACROSS
BAYSHORE DRIVE.
Commissioner Plummer: I have one question to ask of the Administration. Mr. City Manager,
don't we control the banners that go across the street?
Mr. Sergio Rodriguez (Assistant City Manager): The what?
Commissioner Plummer: The banners that go across the street.
Mr. Rodriguez: Yes, we should.
Commissioner Plummer: For god's sake, would you tell me why, on South Bayshore Drive,
there's a banner advertising people to go to South Beach for a festival?
Mr. Rodriguez: We will check on that with the Public Works Department.
Commissioner Plummer: I think that's absolutely ludicrous.
Commissioner Gort: We're being good neighbors.
Mayor Clark: They violate that law every day down there.
Commissioner Plummer: Good neighbor, hell. They're taking our money over there.
Mayor Clark: Yeah. They violate the law every day.
Mr. Rodriguez: We will look in that, sir.
Commissioner Plummer: Please.
Mayor Clark: You try to put that on the Beach, to advertise Vizcaya, they'll put you in jail.
250 October 27, 1994
9
Commissioner Plummer: Hey, I guarantee, if I went over there and asked them to put a banner
up for me, they'd tell me where to go.
Mayor Clark: Yeah, absolutely.
THERE BLIND NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:01 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
I
Stephen P. Clark
MAYOR
251
October 27, 1994